The Attorney General of the nation, Eduardo Montealegre Lynett, said that there should be a reform of the current scheme which applies to the country’s disciplinary proceedings because an anachronistic and mediaeval system being implemented and requested that it reform that will modernize and is more protective of human rights.
The official made the remarks when referring to how the Prosecutor General’s Office has sanctioned officials who were elected by popular vote. “In disciplinary matters we remain anchored to absolutely medieval models, inquisitive models, secrets models already quite overcome,” Montealegre said.
Likewise, noted that the Inter-American justice system, as a guarantor of the fundamental rights of citizens, is empowered to order that revoked the sanction to Petro since international jurisprudence has pointed out that those who are elected through popular vote just may be removed once submitted to an enforceable court judgement and the Prosecutor’s Office is not a judicial body.
He also noted that the system of inter-American justice, as guarantor of the fundamental rights of citizens, is entitled to request that the penalty Petro revoked as international jurisprudence has indicated that those who are elected by popular vote can only be removed after it has filed a judicial judgment and the attorney is not a legal entity basis.
For the head of the accusing entity, “it may not be possible that in sanctioning administrative law, in disciplinary law, the same official opens research, makes the opening, makes the statement of objections, makes audience, sentencing judgement of first instance and the same institution fails in the second instance. That mechanism that contemplates the Constitution is a monopoly shameful and devoid of warranties”, that should open a debate on the competence of the Prosecutor General of the nation to dismiss officials having popular origin, said Montealegre.
“It is highly undemocratic that an official popularly elected, a senator of the republic, a mayor be dismissed through a process that is not guarantees by an official who has no judicial nature. I think even though the Constitutional Court said that it did have that competition, I think if a review of our constitution against the constitutionality block is done, if we are to control conventionality of our constitution, our constitution is going to look at difficulties in the international circuits that hold that against popularly elected officials, that can only be dismissed by a judge, “the Attorney General.
I think we should change the current design of the prosecutor against.