Tutela a presidente y Fiscalía por irregularidades en investigación a Supersociedades

0:00 In the u- report Colonel Daniera forward good morning July. This is the Colonel report. Last Friday before the Council of State, a tutelage action was filed against President Gustavo Petro and the Attorney General' s Office for violation of fundamental rights, access to the administration of justice and due process, among others. The tutor is the lawyer and former congressman Santiago Morales, who has been denouncing what he considers to be acts of corruption in the superintendency of societies. According to him, the rules in the selection and appointment of promoters, financial controllers and liquidators of companies that are auxiliary to the justice system and in the allocation of the number of processes per liquidator that, according to the interpretation of the complainant, exceed the limits established by law and the rules that regulate it.

1:02 Morales says that there is a small group of liquidators favored with these alleged and regularities, who choose to abuse an extraordinary faculty of super companies and end up receiving fees for billions of pesos. The documents supporting this complaint were submitted in September of last year to the Transparency Secretariat of the Presidency of the Republic, but nine months later they have not been sent to the control centers, as required by law. On the other hand, according to the guardianship action, the complaint and the identity of the complainant were leaked to those alleged to be responsible for the conduct. The tutelage is also addressed to the Attorney General ' s Office, because according to lawyer Morales, he filed a formal complaint three weeks ago and so far he has not been assigned a single number of criminal news. The lawyer points out that what, according to him, is happening in the super companies affects thousands of people who are shareholders, representatives, legal or creditors of societies as well known as the Route of the Sun two axis of the Hebrew scandal. Among the victims of this case is the family of Jorge Enrique Pisano, who died in circumstances never clarified by an independent authority, and the DMG group, which is the pyramid David Murcia Guzmán, whose victims thousands do not receive compensation. Many years later,ÉIT International group that

2:39 starred in the freedom scandal a year ago, where the savings of more than ten zero people disappeared. Besting Group of Colombia, also involved in the issue of pounding, where more than a billion pesos were added. At this time we have contact with the lawyer Santiago Morales, to whom we say good morning, very good morning, Daniel to the work table and the two listener Doctor Morales. Please explain in the simplest and most brief way what are the irregularities that, according to you, has been committed by the Superintendency of Societies.

3:21 Well as a legal context, Law eleven sixteen out of two thousand six states very clearly that an assistant of the justice system, namely liquidators, promoters and interveners, have the right to have under their maximum total management three processes of liquidation of a case of the organizations, as promoters and as interveners. What we see at this moment is that there has been a rigged interpretation by the superintendence of society. There are liquidators who have up to six processes, with the express approval of the superintendency, and there are others who can have ten, eleven, twelve and up to thirteen. As you very well pointed out, a liquidator, an auxiliary of justice, can receive, receive for fees at this time up to a thousand seven hundred and fifty million pesos. So, when a multipedic is going to find that there are liquidators who with one or two, three, six, ten trials, earn a lot more than any public official of the President of the Republic down there when I do a lot more is multiplied by scenes. Then, on the other hand, we have the abuse of the power to select auxiliaries of justice in an exceptional way.

4:50 Under this mechanism, it is a different one than the Society superintendent named finger. A number of auxiliaries have been appointed a select group that are responsible for most of the most relevant processes. These alleged acts of corruption directly involve the Superintendent of Billy Escoba. Of course, this is an investigation that has been going on since the nineteenth year. I began to be contacted by a number of peasant victims, creditors of mg EX, legal representatives and shareholders of several companies, David Murcia himself, finding a common pattern that led us to think that there was a poster behind. Thus, since September 15, we submitted this complaint to the Transparency Secretariat, in its capacity as Technical Secretariat of the National Moralization Commission, and only until last Friday, after having been warned by a guardianship judge, they finally filed or transferred these complaints and complaints to the competent bodies. Clearly, Mr Escobar doesn' t know, I' m not the only one who has investigated this. The investigation presented was augmented

6:24 by information even from journalists, one of them from this station, by journalist Gonzalo Guillén, by Senator Angélica Lozano, by the one signed through a very thorough investigation and petition rights filed, including Mr Billy Escobar. In contrast to everything, it was where we saw that there was a very clear and manifest poster that, by the way, continues to operate Who are the favored liquidators. What you call a carto, that of liquidators in a supposedly irregular way by the known societies, because we know that they are evident highlight. We have Mrs Maria Mercedes Perry, who has illegally possessed herself in a large number of processes. She is in charge of DMG, has the same Elite, the same Bestin you named him and another series of cooperatives. We have Mr Darío la Guau Mario. The guau has a route, the sun, two has a brech, had a veneer and others. We have Mr Joan Sebatian Martiz, who has had up to ten processes in his charge, being also a liquidator of category B, that is, classified to know of medium processes

7:54 and in use of exceptional selection mechanism, has been named in cateco category processes that are giant. Thus, there are many others who, of course, report how much the fees received by these auxiliaries of justice you have just named. Well, Daniel, it' s a question that, despite how thorough we' ve been, has been hard to find that record coast. However, if the following data are pruned, a liquidator can perceive up to one thousand seven hundred and fifty million is. That' s a certain function of the assets. But then let' s calculate those figures by six, by seven, by eight, so that' s where we' re going to get some scandalous numbers. But what do you see more than ten zero million pesos? More than ten zero million pesos can perceive one of these auxiliaries of justice as not ra yes, of course, of course, it would be necessary to make their remains, because not in all cases they earn one thousand seven hundred million. But what is guaranteed and documented is that, at least those I have just named you have more than six processes. So, these are figures that are not even handled by the private sector where company- related businesses are carried out. It' s a bit of a scandal, and

9:26 it' s not just the fees, but also the planning of spending. And there is even a legislative decree of forty- three, thirty- four of two thousand eight that regulates everything regarding the intervention of companies, which allows that, when the money of the dough is finished in order to continue administering the liquidation, it can be used to the silver of the public treasury, that is, the money of this not only comes out of the companies that are being liquidated, but also that kind of in the pocket of the taxpayers. That' s right, that' s right, and not only that is it is here that it is the regulation that regulates all these processes, both those of companies intervened by illegal chanting and those of companies Organization and liquidation are two instruments that are made for everything to happen, but nothing is known and nothing has been controlled. The processes I have just mentioned, which are finally judicial proceedings, governed by the general code of the process, are somehow impossible to be audited for years to come, i e in white silver.

10:45 They are trials of one instance by judges appointed by the superintendent of society in turn, which prevents and makes practically impossible that everything that happens in these proceedings is capable of being verified by a higher stage, thus violating the universal principle of the double instance are in this very particular matter, because the superintendency of societies that responds to the executive, has judicial powers, jurisdictional powers and proceeds as judge in many cases. Well, on Friday, Dr Morales, three days ago, you filed a tutel action in the Council of State against Gustavo Petro' s President and the Attorney General' s Office. What is the reason for this guardianship? Well, as I said, since the year two thousand and fifteen we have learned of these facts to the Presidency of the Republic.

11:46 But when I tell you to find out, it' s not just that we sent a settler with a document that wasn' t concessions. It was concessions with working tables composed of advisers of the Presidency of the Republic, with a long, deep, dispersed work. I get there because I had already denounced another issue that I do not want to refer to right now, because it was fundamental for the new government to find key evidence in the loss of you from drug trafficking by the SAI. From there, at that moment it is time that no entity, no control body, was informed on behalf of the Presidency of the Republic, as we should have happened in December, we found that, in fact then it was like deceiving and that is how we present the respective one that were the National Commission of Judicial Discipline, warning that so far nothing has happened. Recently I received a car that reported that he had been transferred to another magistrate, and that is how on June 4th this year. Finally, we submitted the complaint and the complaint to the Public Prosecutor' s Office and the Public Prosecutor' s Office. And it' s the time when, twenty days later, twenty- one days later, the Attorney General' s Office has not assigned him a single number of criminal

13:20 news. Nothing has happened at all. Since September 15th of the 23rd to date, no judicial or administrative official has put the model in this issue and, in the case of the Public Prosecutor' s Office, not even an eradicated number. It' s amazing. Dr Morales. As a result of these allegations, Suyas has received threats. Of course, on multiple occasions it has been my turn to live intermittently in exile and it is that I am not the least Daniel. I' m finally a lawyer and I know these issues. The problem is the victims. We are talking about thirds of thousands of victims who demand justice and who feel absolutely violated, some for sixteen years, when everything about vg happens, a thousand thanks to the lawyer Santiago Morales.

14:26 According to his complaint, the Superintendency of Societies has also used its judicial functions and in some cases has usurped functions of the High Court of Bogotá and ignored decisions of judges. We' re gonna have to keep talking about this thing There' s a bonus track. Last Friday, the investigative unit of the El Tiempo newspaper revealed that the Constitutional Court brought to the attention of the Attorney General the Adriana Camargo, a complaint for illegal listening to a magistrate and spying on his text messages. Such conduct would have been committed by intelligence agencies reporting to the national government. It was later learned that the alleged judge victim of these crimes is Dr Jorge Enrique Ibáñez, a person of impeccable conduct and seriousness whose safety, privacy and independence must be guaranteed by the Government and by President Gustavo Petro himself. The alleged espionage against the magistrate coincided with the time when he was studying the constitutionality of the pasture law, giving the Government the power to negotiate with criminal gangs under certain conditions. A few weeks ago, Judge Ibáñez presented a paper for the Constitutional Court to give a substantive opinion on this rule and to overthrow it for vices In form, Ibáñez' s speech

15:56 was defeated eight to one years before arriving at the Constitutional Court, Dr Jorge Enrique Ibáñez was the subject of illegal follow- up when he presided over the Court of Arbitration or of Brecha. Despite the evidence, the case of illegal follow- up to him was never investigated and, like so many things, in Colombia he stayed that size. Bravely, Jorge Enrique Ibáñez and his colleagues from the Catalina Tribunal, Hoyos and Carlos Mauricio González decided to cancel the contract of the Ruta del Sol dos and deny the millionaire claims of the corrupt Brazilian multinational of Brech and the Colombian partner Aval Group. Of these, a demonstration of the irony character of Jorge Enrique Ibáñez' s judge, whose security must be occupied by the Head of State. This was today' s Colonel report.

16:49 Thank you very much.