March 13, 2024

El apasionante detrás de cámaras de la Sala Plena que eligió a la nueva fiscal general

El apasionante detrás de cámaras de la Sala Plena que eligió a la nueva fiscal general
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At the WU. The Colonel report, today' s Colonel report has everything

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we want to know about the election
of Attorney General of the Nation. What

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happened in that exciting audience among the
best lawyers in the country to determine whether

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one could or could not choose,
who voted, by whom, what moved

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the balance yesterday definitively and how the
crisis of the candidate was handled that,

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as a bad loser, what she
did was try to sabotage the election.

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This is today' s Colonel report. Daniel Welcome, good morning, Julio.

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This is today' s Colonel report. I would have liked to be

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there. The legal discussion that took
place twenty- four hours ago in the

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Palace of Justice. They will forgive
football fans It was better than the World

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Cup final twenty- three of Colombia' s best lawyers locked up arguing about

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whether or not they could choose the
new Attorney General of the Nation. The

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issue began at 8 50 a m
yesterday morning, when Dr Amelia Pérez arrived

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at the Palace of Justice without being
announced, Ella, who was until last

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Thursday the favorite to be elected and
already had thirteen votes in her pocket,

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arrived with her letter of resignation to
the eternal, arguing that her aspiration had

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been shipwrecked because of a foreign opinion. Dr Perez was referring to her husband

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' s intemperate and rude triunes,
Dr. Gregorio Oviedo, who in the

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past launched it against various people and
institutions from his Twitter account. The letter

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of his resignation from Dr Amelia Pérez
claimed that he was resigning because he was

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being blamed for the non- existent
crime of opinion of others. The truth

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is that the decision had been made
the night before Cua, when she learned

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through one of the judges, guess
who Adriana Camargo Garzón already had the votes

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to be elected and that the possibilities
for her had simply ended until Monday.

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He had told his relatives and even
in an interview with the newspaper how long

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he would not give up. The
President of the Supreme Court of Justice read

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the letter of resignation a few minutes
later to his twenty- two companions and

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began one of the most exciting legal
discussions ever. The first to ask for

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the floor was Judge Luis Antonio Hernández, a member of the Criminal Chamber and

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a veteran judge who arrived in the
Supreme Court after going through all the steps

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of the judicial career, a brilliant
career that will end next April with the

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completion of his term. Hernández was
also the biggest promoter of the name of

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Adrianna Camargo, since when he had
no chance because of his closeness to the

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Minister of Defense VN. Velázquez,
who, despite his distinguished career in the

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judicial branch, has the animosity of
seven judges, whose election he demanded because

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he considered it to be regulatory.
Velázquez lost the lawsuit in the Council of

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State, but he won the resentment
of the seven headdresses, which remains intact

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until today. In short, Judge
Luis Hernández has been a very active voice

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throughout this election. To clear doubts
about the procedure. First, it was

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he who said that it was not
true that the President of the Republic could

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be disqualified from nominating her as a
candidate because her son was being prosecuted by

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the prosecution. Second, it was
Hernández who also agreed to rule out the

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alleged impediments of judges who have family
members in the prosecution. Thirdly, it

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was also Hernández who said that they
could not be appointed with judges to elect

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Attorney General of the Nation. Why
judges can only replace the incumbents in judicial

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work, but not in electoral work, which are administrative in nature. Hernández

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is one of the most respected voices
of the Supreme Court. He was undoubtedly

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the head of debate of Luz Adriana
Camargo from the moment he entered the eternal

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and said yesterday that Amelia Pérez'
s resignation was late, because the Supreme

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Court of Justice had already begun to
vote and it was a consolidated situation.

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That is, in his opinion,
the resignation was inane had no effect,

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there was only one head swinging skeptical. It was Judge Hugo Quintero Bernate,

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also a member of the Criminal Chamber, and who has been the chief debate

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of Amailia Pérez Hernández. Citing from
memory jurisprudence, he spoke of a famous

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ruling of the Council of State,
whose opponent was the retired magistrate Mario Alario

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Méndez. This decision states that once
the eternal vote begins, it can only

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be disintegrated by the death or permanent
incapacity of one of the aspirants, who

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always retain the right not to accept
the office if they are elected, but

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cannot unilaterally withdraw their nomination. The
next to ask for the floor was the

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magistrate of the labor room, Luis
Benedicto Herrera Díaz. The Doctor. Herrera

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is a veteran professor of labor law
at the Universidad Nacional and Universidad Externado de

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Colombia. He explained that the constitution
and consolidation of the triune to choose Attorney

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General of the Nation is a non- jurisdictional administrative act, of constitutional origin

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and complex nature. Herrera presented his
thesis explaining how number one the Supreme Court

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of Justice did not have the competence
to accept Amelia Pérez' s resignation,

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because she was not his nominee.
In other words, she was not in

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the chamber by decision of the Court, but by the President of the Republic,

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as indicated in the national Constitution.
The Court' s power was limited

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to choosing it or not, but
could not exclude it by taking it out

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of the list and therefore could not
accept its resignation either. Number two said

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Judge Herrera that it is the Constitution
establishes the complexity of the administrative process of

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the election of the prosecutor, by
the participation of two branches of public power,

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the executive, because the nomination of
the eternal is the function of the

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President and the judicial branch as the
election is a function of the Court.

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Number three argued Herrera that the President
is the nominee and can change the list

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until the beginning of the voting process, but he cannot do so later,

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because then it would interfere with the
administrative function of choosing that the Court is

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entrusted with the mandate of the National
Constitution. In other words, if the

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President were to be allowed to resign
once the voting process had begun, it

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would be enough for him to change
forever if a candidate other than his favorite

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were to gain momentum. Judge Luis
Benedict Herrera' s argument concluded by saying

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that neither the Court could accept a
resignation from anyone, nor could the President

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be. Once it was consolidated to
the complexity of the administrative act by the

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beginning of the votes. At the
end of the presentation by Judge Luis Benedicto

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Herrera, the Plena Hall made an
important silence a few seconds to digest the

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strength of the arguments of one of
the country' s leading laborers. Subsequently,

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two magistrates, one from the civil
division and one from the labour division,

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asked the floor to tell Limón that, for the exercise of the electoral

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functions of the Supreme Court of Justice, it would be a bad President if

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the disintegration of a group of eligible
persons depended on the resignation of one who

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believed that he no longer had the
possibility of being elected. For example,

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the judges of the Supreme Court of
Justice are chosen by the court itself from

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lists sent by the Higher Council of
the Judiciary. To stop or make impossible

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the appointment of a judge, it
would be sufficient for any member of the

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list to resign, which would fill
all future elections with legal uncertainty. The

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discussion lasted until a little after ten
in the morning, a little after ten

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in the morning, and was dispatched
by consensus. There was not a single

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dissenting voice. No matter what Amelia
Perez' s letter. The Supreme Court

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of Justice had the constitutional power to
elect for the purpose Attorney General of the

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Nation. On the agenda of the
extraordinary plenary hall only the execution of long

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and unnecessarily postponed cedeber remained. At
some point, it was considered that a

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roll- call vote rather than a
secret ballot would be taken. The secret

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of voting is a right, but
not a duty. A public vote could

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have been made, but the Supreme
Court chose the prosecutor light of Diana Camargo,

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preserving the prudent tradition of secret voting. However, the Colonel report is

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unable to report the identity of seventeen
of the eighteen voters who did so in

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favor of the new prosecutor. Number
one. Luis Antonio Hernández of the Criminal

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Division. Number two, Jorge Hernán
Díaz Soto of the Criminal Division. Number

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three, Carlos Roberto Solórzano of the
Criminal Chamber. Number four, Fernando Bolaños

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Palacios de la Sala Penal. Number
five. Herson Chaverra Castro of the Criminal

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Chamber and President of the Supreme Court
of Justice. Sixth, Gerardo Barbosa of

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the Criminal Chamber. Until the previous
vote he had backed the name of Dr

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Angel María Buitrago, seventh diego,
runner of the Criminal Chamber and who was

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also with Dr Angel Maria Buitrago until
last Thursday eighth, Judge Marta Patricia Guzmán

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Álvarez of the Civil Chamber, ninth
Aroldo Quirós Monsalve of the Civil Chamber,

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tenth, Luis Alonso Rico Puerta de
la Sala Civil, eleventh, Francisco José

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Iiira of the Civil Chamber and who
until last Thursday supported Amelia Pérez number two.

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OmarÁngel Mejía of the 13th working
room, Clara Inés López Dávila of

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the 14th working room. Fernando Castillo
Cadena de la salón laboral, number fifteen,

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mar Jory Zúñiga Romero de la salón
laboral number sixteen, Iván Ramiro Es

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Iván Mauricio Celis de la Sala laboral
and who until the penultimate ballot had supported

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Amelia Pérez number seventeen, Luis Benedicto
Herrera de la Sala Laboral, who until

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last Thursday was with Amelia Pérez.
The doubt about voting eighteen to elect the

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new prosecutor is between the magistrate of
the Civil Chamber, Octavio Augusto Tejeiro,

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and the magistrate of the Labour Chamber, Gerardo Botero Zuluaga, of the failed

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guardianship against the tern of women.
In my opinion, Judge Botero was the

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only blank vote. The only vote
for Judge Amelia Pérez came from her greatest

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promoter, Judge Hugo Quintero Bernate,
who died in his law, voting for

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her until the last moment. The
aspirant Angela Maria bue Trago ended with two

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votes that did not request those of
the judge MidianÁvila Roldán of the Criminal

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Chamber and the magistrate Fernando Augusto Jiménez
of the Civil Chamber holds theÁngel María

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Buitrago in a very respectable way that
his resume, otherwise, brilliant. I

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should talk for her. Only when
the vote ended, and the election of

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Ana Camargo was a fact. Someone
asked his interlocutor this decision will be bulletproof

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in the Council of State and the
second answered in the Council of State.

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There is nothing bulletproof, whatever the
trauma of the lawsuits against the election of

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the Attorney General of the Nation and
there will surely be lawsuits. It will

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take between a year and eighteen months
Bonus Track, rightly or without it.

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There is concern in the prosecution over
the rumor that the new prosecutor will appoint

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as a prosecutor someone close to marta
mancera the questioned interim prosecutor. According to

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these speculations, he is a prosecutor
delegated to the Tribunal, whose name has

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been mentioned both in the case of
the so- called narco- prosecutors of

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Cali and in the case of alias
Pacho Malo. This was today' s

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Colonel report. Thank you very much.