This Monday, during the VI Regional Seminar on the implementation of Law 2094 of 2021, the Attorney General daisy hair reference was made to the proposal launched a few days ago by the elected president Gustavo Petro for removing the Attorney General’s Office.
(Read in context: How viable is it to eliminate the Office of the Attorney General, as Gustavo Petro suggested?).
The Chief Prosecutor, who has not mentioned the issue until now, made harsh statements although he was not mentioned by name: “Considering the controversy caused by the announcement of the abolition of the Attorney General’s Office, just as it happened to us, it is important to realize this. Finding a solution in line with the Inter-American Court’s decision is not easy. A small article is not about saying and that’s it!
The seminar was held in Pasto (Nariño) to discuss the law reforming the General Discipline Act to which the controlling body is subject.
From there, Cabello also spoke about one of the issues that sparked criticism against the Petro, citing Public Ministry faculty. To punish officials elected by popular vote.
This is because in 2020, the Inter-American Court of Human Rights (IACHR) ruled against Colombia in a case sponsored by Petro precisely because of this jurisdiction. In this decision, the Inter-American Court pointed out that non-criminal authorities could not influence the political rights of people elected by popular vote, the international court said that this could only be done through conviction in a criminal trial.
(You can read in context: Three criticisms of the Inter-American Court on compliance with the Petro decision).
For this reason, Petro and other politicians stated that the Attorney General cannot impose sanctions on elected officials, but The Inter-American Court’s decision refers only to dismissal and disability.
In this context, Cabello said at the seminar: “Why the privilege of not being the object or subject of disciplinary law for elected officials? I think that means promoting impunity. First-class subjects and cannot be second-class” .
Likewise, the Attorney General said that the discussion about compliance with the Inter-American Court’s decision was welcome and that it was a difficult issue.
But I invite this discussion to be legal, serious and respectful, free of personal offenses or unhealthy statements against the institution or its staff, sound arguments and a clear understanding of the functions outlined in the Constitution.”
He also pointed out that the discussion should be supported by facts. Not in banal arguments like referring to the budget amount they call 2 billion pesos, or they say it has to end because it doesn’t exist in other countries”.
(You can read: Petro says he will promote the abolition of the Attorney General in his government).
Finally, Cabello argues that the reform of the Code of Discipline It wasn’t done to circumvent or despise the Inter-American Tribunal, as some political actors said, it was a serious effort to consider many legal solutions until it reached the optimal conclusion.“.
justice@eltiempo.com
Source: Exame
