June 24, 2024

Entrevista abogado Santiago Morales

Entrevista abogado Santiago Morales
Spotify podcast player badge
RSS Feed podcast player badge
Spotify podcast player iconRSS Feed podcast player icon
WEBVTT

1
00:00:00.240 --> 00:00:08.279
In the u- report Colonel Daniera
forward good morning July. This is the

2
00:00:08.320 --> 00:00:14.480
Colonel report. Last Friday before the
Council of State, a tutelage action was

3
00:00:14.560 --> 00:00:19.359
filed against President Gustavo Petro and the
Attorney General' s Office for violation of

4
00:00:19.760 --> 00:00:24.640
fundamental rights, access to the administration
of justice and due process, among others.

5
00:00:26.559 --> 00:00:31.519
The tutor is the lawyer and former
congressman Santiago Morales, who has been

6
00:00:31.559 --> 00:00:37.039
denouncing what he considers to be acts
of corruption in the superintendency of societies.

7
00:00:37.920 --> 00:00:42.399
According to him, the rules in
the selection and appointment of promoters, financial

8
00:00:42.759 --> 00:00:49.359
controllers and liquidators of companies that are
auxiliary to the justice system and in the

9
00:00:49.399 --> 00:00:54.880
allocation of the number of processes per
liquidator that, according to the interpretation of

10
00:00:55.039 --> 00:01:00.119
the complainant, exceed the limits established
by law and the rules that regulate it.

11
00:01:02.679 --> 00:01:07.280
Morales says that there is a small
group of liquidators favored with these alleged

12
00:01:07.359 --> 00:01:12.959
and regularities, who choose to abuse
an extraordinary faculty of super companies and end

13
00:01:14.000 --> 00:01:23.959
up receiving fees for billions of pesos. The documents supporting this complaint were submitted

14
00:01:23.040 --> 00:01:29.280
in September of last year to the
Transparency Secretariat of the Presidency of the Republic,

15
00:01:29.439 --> 00:01:33.840
but nine months later they have not
been sent to the control centers,

16
00:01:34.000 --> 00:01:38.599
as required by law. On the
other hand, according to the guardianship action,

17
00:01:38.200 --> 00:01:45.760
the complaint and the identity of the
complainant were leaked to those alleged to

18
00:01:45.760 --> 00:01:49.040
be responsible for the conduct. The
tutelage is also addressed to the Attorney General

19
00:01:49.079 --> 00:01:53.079
' s Office, because according to
lawyer Morales, he filed a formal complaint

20
00:01:53.079 --> 00:01:59.159
three weeks ago and so far he
has not been assigned a single number of

21
00:01:59.200 --> 00:02:04.599
criminal news. The lawyer points out
that what, according to him, is

22
00:02:04.640 --> 00:02:08.800
happening in the super companies affects thousands
of people who are shareholders, representatives,

23
00:02:09.439 --> 00:02:15.960
legal or creditors of societies as well
known as the Route of the Sun two

24
00:02:16.080 --> 00:02:20.479
axis of the Hebrew scandal. Among
the victims of this case is the family

25
00:02:20.560 --> 00:02:25.719
of Jorge Enrique Pisano, who died
in circumstances never clarified by an independent authority,

26
00:02:27.759 --> 00:02:31.879
and the DMG group, which is
the pyramid David Murcia Guzmán, whose

27
00:02:31.960 --> 00:02:39.759
victims thousands do not receive compensation.
Many years later,ÉIT International group that

28
00:02:39.879 --> 00:02:46.280
starred in the freedom scandal a year
ago, where the savings of more than

29
00:02:46.360 --> 00:02:51.280
ten zero people disappeared. Besting Group
of Colombia, also involved in the issue

30
00:02:51.319 --> 00:02:55.759
of pounding, where more than a
billion pesos were added. At this time

31
00:02:57.280 --> 00:03:02.080
we have contact with the lawyer Santiago
Morales, to whom we say good morning,

32
00:03:04.159 --> 00:03:09.960
very good morning, Daniel to the
work table and the two listener Doctor

33
00:03:10.039 --> 00:03:15.240
Morales. Please explain in the simplest
and most brief way what are the irregularities

34
00:03:15.280 --> 00:03:19.960
that, according to you, has
been committed by the Superintendency of Societies.

35
00:03:21.639 --> 00:03:25.759
Well as a legal context, Law
eleven sixteen out of two thousand six states

36
00:03:27.080 --> 00:03:32.080
very clearly that an assistant of the
justice system, namely liquidators, promoters and

37
00:03:32.719 --> 00:03:40.159
interveners, have the right to have
under their maximum total management three processes of

38
00:03:40.280 --> 00:03:53.120
liquidation of a case of the organizations, as promoters and as interveners. What

39
00:03:53.159 --> 00:03:58.719
we see at this moment is that
there has been a rigged interpretation by the

40
00:03:58.759 --> 00:04:03.960
superintendence of society. There are liquidators
who have up to six processes, with

41
00:04:04.120 --> 00:04:09.120
the express approval of the superintendency,
and there are others who can have ten,

42
00:04:09.479 --> 00:04:12.400
eleven, twelve and up to thirteen. As you very well pointed out,

43
00:04:13.120 --> 00:04:16.439
a liquidator, an auxiliary of justice, can receive, receive for fees

44
00:04:16.519 --> 00:04:23.639
at this time up to a thousand
seven hundred and fifty million pesos. So,

45
00:04:23.639 --> 00:04:29.160
when a multipedic is going to find
that there are liquidators who with one

46
00:04:29.160 --> 00:04:33.879
or two, three, six,
ten trials, earn a lot more than

47
00:04:34.560 --> 00:04:39.920
any public official of the President of
the Republic down there when I do a

48
00:04:40.160 --> 00:04:43.959
lot more is multiplied by scenes.
Then, on the other hand, we

49
00:04:44.920 --> 00:04:48.800
have the abuse of the power to
select auxiliaries of justice in an exceptional way.

50
00:04:50.279 --> 00:04:55.480
Under this mechanism, it is a
different one than the Society superintendent named

51
00:04:55.519 --> 00:05:01.079
finger. A number of auxiliaries have
been appointed a select group that are responsible

52
00:05:01.120 --> 00:05:14.079
for most of the most relevant processes. These alleged acts of corruption directly involve

53
00:05:14.240 --> 00:05:20.720
the Superintendent of Billy Escoba. Of
course, this is an investigation that has

54
00:05:20.800 --> 00:05:28.439
been going on since the nineteenth year. I began to be contacted by a

55
00:05:28.519 --> 00:05:35.839
number of peasant victims, creditors of
mg EX, legal representatives and shareholders of

56
00:05:36.160 --> 00:05:45.480
several companies, David Murcia himself,
finding a common pattern that led us to

57
00:05:45.480 --> 00:05:49.279
think that there was a poster behind. Thus, since September 15, we

58
00:05:49.319 --> 00:05:56.959
submitted this complaint to the Transparency Secretariat, in its capacity as Technical Secretariat of

59
00:05:57.079 --> 00:06:01.399
the National Moralization Commission, and only
until last Friday, after having been warned

60
00:06:02.040 --> 00:06:09.639
by a guardianship judge, they finally
filed or transferred these complaints and complaints to

61
00:06:09.920 --> 00:06:18.199
the competent bodies. Clearly, Mr
Escobar doesn' t know, I'

62
00:06:18.279 --> 00:06:23.720
m not the only one who has
investigated this. The investigation presented was augmented

63
00:06:24.319 --> 00:06:30.959
by information even from journalists, one
of them from this station, by journalist

64
00:06:30.000 --> 00:06:36.839
Gonzalo Guillén, by Senator Angélica Lozano, by the one signed through a very

65
00:06:36.920 --> 00:06:46.199
thorough investigation and petition rights filed,
including Mr Billy Escobar. In contrast to

66
00:06:46.199 --> 00:06:53.279
everything, it was where we saw
that there was a very clear and manifest

67
00:06:53.279 --> 00:06:58.759
poster that, by the way,
continues to operate Who are the favored liquidators.

68
00:06:58.879 --> 00:07:01.839
What you call a carto, that
of liquidators in a supposedly irregular way

69
00:07:01.879 --> 00:07:10.079
by the known societies, because we
know that they are evident highlight. We

70
00:07:10.079 --> 00:07:15.920
have Mrs Maria Mercedes Perry, who
has illegally possessed herself in a large number

71
00:07:15.000 --> 00:07:24.839
of processes. She is in charge
of DMG, has the same Elite,

72
00:07:24.920 --> 00:07:29.759
the same Bestin you named him and
another series of cooperatives. We have Mr

73
00:07:30.199 --> 00:07:35.240
Darío la Guau Mario. The guau
has a route, the sun, two

74
00:07:35.319 --> 00:07:42.279
has a brech, had a veneer
and others. We have Mr Joan Sebatian

75
00:07:42.279 --> 00:07:47.040
Martiz, who has had up to
ten processes in his charge, being also

76
00:07:47.079 --> 00:07:54.800
a liquidator of category B, that
is, classified to know of medium processes

77
00:07:54.839 --> 00:08:01.519
and in use of exceptional selection mechanism, has been named in cateco category processes

78
00:08:01.600 --> 00:08:07.160
that are giant. Thus, there
are many others who, of course,

79
00:08:07.240 --> 00:08:13.759
report how much the fees received by
these auxiliaries of justice you have just named.

80
00:08:16.560 --> 00:08:20.519
Well, Daniel, it' s
a question that, despite how thorough

81
00:08:20.560 --> 00:08:24.360
we' ve been, has been
hard to find that record coast. However,

82
00:08:24.800 --> 00:08:33.639
if the following data are pruned,
a liquidator can perceive up to one

83
00:08:33.840 --> 00:08:39.200
thousand seven hundred and fifty million is. That' s a certain function of

84
00:08:39.200 --> 00:08:43.440
the assets. But then let'
s calculate those figures by six, by

85
00:08:43.440 --> 00:08:48.039
seven, by eight, so that' s where we' re going to

86
00:08:48.039 --> 00:08:50.720
get some scandalous numbers. But what
do you see more than ten zero million

87
00:08:50.759 --> 00:08:56.639
pesos? More than ten zero million
pesos can perceive one of these auxiliaries of

88
00:08:56.639 --> 00:08:58.440
justice as not ra yes, of
course, of course, it would be

89
00:08:58.440 --> 00:09:01.879
necessary to make their remains, because
not in all cases they earn one thousand

90
00:09:01.919 --> 00:09:07.200
seven hundred million. But what is
guaranteed and documented is that, at least

91
00:09:07.840 --> 00:09:13.720
those I have just named you have
more than six processes. So, these

92
00:09:13.799 --> 00:09:18.480
are figures that are not even handled
by the private sector where company- related

93
00:09:18.519 --> 00:09:24.480
businesses are carried out. It'
s a bit of a scandal, and

94
00:09:26.399 --> 00:09:28.159
it' s not just the fees, but also the planning of spending.

95
00:09:28.519 --> 00:09:33.960
And there is even a legislative decree
of forty- three, thirty- four

96
00:09:33.039 --> 00:09:39.120
of two thousand eight that regulates everything
regarding the intervention of companies, which allows

97
00:09:39.279 --> 00:09:43.879
that, when the money of the
dough is finished in order to continue administering

98
00:09:43.960 --> 00:09:48.919
the liquidation, it can be used
to the silver of the public treasury,

99
00:09:50.919 --> 00:09:56.679
that is, the money of this
not only comes out of the companies that

100
00:09:56.720 --> 00:10:01.639
are being liquidated, but also that
kind of in the pocket of the taxpayers.

101
00:10:03.759 --> 00:10:07.799
That' s right, that'
s right, and not only that

102
00:10:07.840 --> 00:10:11.440
is it is here that it is
the regulation that regulates all these processes,

103
00:10:11.639 --> 00:10:20.200
both those of companies intervened by illegal
chanting and those of companies Organization and liquidation

104
00:10:20.279 --> 00:10:28.120
are two instruments that are made for
everything to happen, but nothing is known

105
00:10:28.120 --> 00:10:31.039
and nothing has been controlled. The
processes I have just mentioned, which are

106
00:10:31.120 --> 00:10:39.639
finally judicial proceedings, governed by the
general code of the process, are somehow

107
00:10:39.759 --> 00:10:45.039
impossible to be audited for years to
come, i e in white silver.

108
00:10:45.440 --> 00:10:52.039
They are trials of one instance by
judges appointed by the superintendent of society in

109
00:10:52.159 --> 00:10:58.919
turn, which prevents and makes practically
impossible that everything that happens in these proceedings

110
00:10:58.960 --> 00:11:03.960
is capable of being verified by a
higher stage, thus violating the universal principle

111
00:11:05.360 --> 00:11:13.559
of the double instance are in this
very particular matter, because the superintendency of

112
00:11:13.559 --> 00:11:20.159
societies that responds to the executive,
has judicial powers, jurisdictional powers and proceeds

113
00:11:20.159 --> 00:11:26.440
as judge in many cases. Well, on Friday, Dr Morales, three

114
00:11:26.440 --> 00:11:31.759
days ago, you filed a tutel
action in the Council of State against Gustavo

115
00:11:31.799 --> 00:11:35.080
Petro' s President and the Attorney
General' s Office. What is the

116
00:11:35.200 --> 00:11:41.159
reason for this guardianship? Well,
as I said, since the year two

117
00:11:41.159 --> 00:11:46.320
thousand and fifteen we have learned of
these facts to the Presidency of the Republic.

118
00:11:46.919 --> 00:11:50.159
But when I tell you to find
out, it' s not just

119
00:11:50.240 --> 00:11:52.279
that we sent a settler with a
document that wasn' t concessions. It

120
00:11:52.360 --> 00:11:58.960
was concessions with working tables composed of
advisers of the Presidency of the Republic,

121
00:12:00.639 --> 00:12:05.000
with a long, deep, dispersed
work. I get there because I had

122
00:12:05.080 --> 00:12:09.480
already denounced another issue that I do
not want to refer to right now,

123
00:12:11.159 --> 00:12:18.200
because it was fundamental for the new
government to find key evidence in the loss

124
00:12:18.200 --> 00:12:22.320
of you from drug trafficking by the
SAI. From there, at that moment

125
00:12:24.919 --> 00:12:31.440
it is time that no entity,
no control body, was informed on behalf

126
00:12:31.919 --> 00:12:35.519
of the Presidency of the Republic,
as we should have happened in December,

127
00:12:35.720 --> 00:12:45.240
we found that, in fact then
it was like deceiving and that is how

128
00:12:45.279 --> 00:12:52.279
we present the respective one that were
the National Commission of Judicial Discipline, warning

129
00:12:52.360 --> 00:12:56.080
that so far nothing has happened.
Recently I received a car that reported that

130
00:12:56.080 --> 00:13:03.240
he had been transferred to another magistrate, and that is how on June 4th

131
00:13:03.240 --> 00:13:09.240
this year. Finally, we submitted
the complaint and the complaint to the Public

132
00:13:09.240 --> 00:13:11.519
Prosecutor' s Office and the Public
Prosecutor' s Office. And it'

133
00:13:11.600 --> 00:13:16.840
s the time when, twenty days
later, twenty- one days later,

134
00:13:16.399 --> 00:13:20.120
the Attorney General' s Office has
not assigned him a single number of criminal

135
00:13:20.120 --> 00:13:26.360
news. Nothing has happened at all. Since September 15th of the 23rd to

136
00:13:26.360 --> 00:13:33.679
date, no judicial or administrative official
has put the model in this issue and,

137
00:13:33.879 --> 00:13:35.960
in the case of the Public Prosecutor' s Office, not even an

138
00:13:37.080 --> 00:13:41.720
eradicated number. It' s amazing. Dr Morales. As a result of

139
00:13:41.720 --> 00:13:50.600
these allegations, Suyas has received threats. Of course, on multiple occasions it

140
00:13:50.639 --> 00:13:54.679
has been my turn to live intermittently
in exile and it is that I am

141
00:13:54.759 --> 00:14:01.320
not the least Daniel. I'
m finally a lawyer and I know these

142
00:14:01.320 --> 00:14:05.559
issues. The problem is the victims. We are talking tens of thousands of

143
00:14:07.559 --> 00:14:16.279
victims who demand justice and who feel
absolutely violated, some for sixteen years,

144
00:14:16.600 --> 00:14:26.080
when everything about vg happens, a
thousand thanks to the lawyer Santiago Morales.

145
00:14:26.159 --> 00:14:31.639
According to his complaint, the Superintendency
of Societies has also used its judicial functions

146
00:14:33.039 --> 00:14:39.320
and in some cases has usurped functions
of the High Court of Bogotá and ignored

147
00:14:39.360 --> 00:14:41.960
decisions of judges. Are we going
to have to keep talking about this topic?