Within the scope of the project to have a large ‘Anti-Corruption Prosecutor’s Office’, Gustavo Petro announced in an interview with W Radius One of the projects he will formulate as soon as he takes office as President get the lawyer out.

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In Colombia, the Ministry of Public Affairs does not only perform the disciplinary functions of voted officials, whom Petro criticized, although in fact he was later reinstated, in fact, because of these powers, he was dismissed as mayor of Bogota. 2020, the Inter-American Court of Human Rights (IACHR Court) ruled in favor of this dismissal and in a case against Colombia for incompetence.

The Office of the Chief Public Prosecutor also performs a preventive function such as administrative vigilance and judicial intervention.

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Former Attorney General Jaime Bernal Cuéllar stated that the Office of the Attorney General “fulfills the function of protecting fundamental rights in general and, in particular, a transcendent disciplinary function against public officials who commit crimes that alter the delivery of the civil service without committing crimes.” The Office of the Attorney General protects the morals of the public official”.

In what little is known about how Petro’s proposal would turn out, the next president explained that it was not about removing all the people in the Attorney General’s Office today, but about strengthening the investigation against corruption in the Attorney General’s Office.

In this context, Bernal Cuéllar felt that giving the Prosecutor’s office more functions “made it more ineffective than it already was, due to overwork”. Therefore, this will not be an adequate way for the lawyer.

What he says needs to be done is to “depoliticize” the controlling body, by changing, in his view, the prosecutor’s election system, which Congress did not interfere with. Ending the Attorney General’s Office is ending an institution that fights corruption. And I demand the protection of rights,” he said.

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On your own behalf Hernando Herrera MarketThe director of the Institute for Excellence in Justice (CEJ) explained that the Office of the Attorney General was part of the constitutional design provided by the founder in 1991.

The revision of its plan cannot be tantamount to weakening or weakening the fight against corruption, moreover, it has the function of ensuring the transparency and honesty of the State, from which the administrative administration cannot abandon its due diligence.

Herrera added that Petro’s proposal has raised some skepticism precisely because the Attorney General’s office performs disciplinary functions not only against elected officials, but also against other public officials such as ministers, mayors or governorships.

Another question that arises is, “Which institution will accompany you in the judicial processes? Should the Office of the Prosecutor General, which oversees the administrative detention of other public officials not elected by popular vote, be abolished??” he pointed.

Besides strengthening the anti-corruption investigation, another of the reasons Petro requested the elimination of the controlling body was to comply with the orders given to Colombia in 2020 when the Court of the Americas examined the impeachment case. , according to the American Convention on Human Rights, The restriction of the political rights of citizens elected by popular vote continued in criminal proceedings only through conviction.

In the interview, talking about the abolition of the Public Department, Petro said, “He pays attention to the decision of the Court of Human Rights of the Americas, while respecting the American Convention.” Said.

But there are doubts as to whether truly following the orders of the Continental Court of America means ending the Office of the Attorney General.

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Constitutional lawyer Juan Carlos Ospina explained that the elimination of the disciplinary functions of the Attorney General’s Office is one thing, and the complete elimination of the said body is another.

“The Office of the Attorney General has three functions: preventive, intervention, and discipline. The first two, along with the Ombudsman and municipal ombudsmen, are important for their role in advocating public interest and human rights, and the third is the debate in the inter-American system, particularly regarding the disciplinary role of popularly elected persons. was the subject,” he said.

Although a constitutional reform is still needed to adjust the Attorney General’s powers to those elected by vote, Ospina said, “The proposal to abolish or completely transform the Attorney General’s Office goes beyond what was ordered by the Court of the Americas, Which requires more detail to understand the motivations and effects, especially given the impact on the constitutional system for the protection of human rights. available in the country.

Silvia Serrano, a lawyer specializing in international law The Court of the Americas has not ordered the abolition of the controlling body or the transfer of its functions to the judiciary. but to adapt the internal order so that the Attorney General’s Office does not have the power to dismiss or disqualify elected officials.

However, Serrano felt it was necessary for Colombia to strengthen criminal prosecution for corruption: “State experts defending the @petrogustavo case emphasized that @PGN_COL’s powers were justified by the ineffectiveness of the penal system,” he said. its social networks.

“Yes, reform should foresee who will have the disciplinary function in non-criminal matters and of course without the possibility of disciplinary action to disqualify or dismiss elected officials.”

understand this The Office of the Attorney General is an institution included in the Political Constitution, any reform or change in the establishment must be treated as constitutional reform, including the abolition of it.

This was acknowledged by Petro himself in a radio interview when he said that this must go through two rounds of legislation “and therefore does not pass within the current tenure of the Attorney General, which I hope will expire once the current lawyer is finished, it is up to the Attorney General to “This is the start of the transition, the strengthening of the Colombian judiciary in the area of ​​investigation and a focus on prosecuting corruption.”

Faced with the legal process a legislative proposal must go through to end the Office of the Attorney General, CEJ director Hernando Herrera added: “It is the majority of the incoming government that will determine whether that happens. CongressIn any event, a broad and democratic discussion is necessary, as detention is such an essential element.transparency in the public function and accompanying judicial proceedings”.

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@JusticiaET

Source: Exame

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