May 19, 2024

¿Es posible acabar con la corrupción?

¿Es posible acabar con la corrupción?
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La corrupción parece un problema crónico imposible de erradicar. Tan solo en 2022, la corrupción le costó a Colombia más de 50 billones de pesos. ¿Qué se puede hacer para acabar con la corrupción?, ¿la hemos normalizado?, ¿cuál es la forma en la que más opera?

ara este capítulo hablamos con Andrés Hernández, director de Transparencia por Colombia; con Mercedes Cevallos, experta en investigación criminal económica; con Felipe Rey, profesor de derecho constitucional de la Universidad Javeriana; con Paca Zuleta, directora de la Escuela de Gobierno de Los Andes; y con los senadores David Luna y Humberto de la Calle.

WEBVTT

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I' m Roberto Pombo. Welcome
to my questions. An average rush program

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sponsored by KFAM, family compensation box. Corruption seems to be a chronic problem

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that cannot be eradicated. In just
two thousand twenty- two, corruption cost

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Colombia more than fifty billion pesos.
What can be done to end corruption we

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have normalized it, what is the
way it operates most for this chapter.

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We spoke with Andrés Hernández, Director
of Transparency for Colombia, with Mercedes Ceballos,

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expert in economic criminal investigation, with
Felipe Rey, professor of Constitutional Law

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at Javeriana University, with Paca Azuleta, director of the School of Government of

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Los Andes and with Senators David Duna
and Humberto de la Calle. I'

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m Roberto Pombo. And this is
chapter eighty- eight of my welcome questions.

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Over the years, it is inevitable
that one will begin to feel pains

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and to leave aside foods that he
could eat without any problems before. This

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happens especially with the digestive system.
It happened recently that I invited a group

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of close friends and family for a
Sunday lunch, and dietary restrictions did not

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include dairy, fermented foods, raw
foods, red or fibrous meats, raw

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fruits or vegetables, whole foods,
hotel coffee. Then the lunch had less

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different and in some cases they had
to have Dad' s broth. I

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was surprised and worried to see that
even young people or at least under 50

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years of age had so many gastric
problems and when I asked, it turns

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out that most have to do with
ulcers because of the bacterian son Pirori.

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If you are not known this name, you are a lucky and surely young

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person. Helicobacter Pillory is one of
the most common bacteria in the world.

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He lives in the digestive system and, according to experts, about two thirds

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of humanity has it. Your body
is the most common bacterial infection. This

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organism is responsible for 90% of
the gastric ulcers. But there is one

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detail that especially caught my attention,
and that is that, even though it

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is such a popular bacterium, in
reality the number of people who get sick

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due to this bacterium is quite small. If we compare it to the total

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number of individuals that harbor it in
their stomach Only between fifteen and twenty percent

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of the people who have the helicobacter
in their body trigger chronic gastritis, peptic

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ulcers or some type of gastric cancer. The prevalence of this bacterium is higher

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in developing countries, and eradicating it
at least the human body has become a

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challenge for medicine because over time it
has become resistant to different antibiotics and the

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organism has been able to adapt to
hostile environments. Now that I think about

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it, Helicobacter pyrori looks pretty much
like another old problem that is difficult to

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eradicate and has adapted to possible solutions. Corruption, especially in Colombia. Corruption

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has behaved like a bacterium that has
managed to mutate and become resistant to the

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majority of controls that would be antibiotics, and continues to threaten the country'

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s well- being. I am
thinking, for example, of a short

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list of corruption scandals and it is
so long that I would not have several

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chapters of this programme to talk about
them. He' d have to make

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an entire encyclopedia into a corrupt drug. It is so that we already have

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a glossary of our own like the
famous carrucials, that there are only several

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of those, the diapers, the
hiring, the hemophilia, among many others.

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We have so internalized the corruption that
it has become common among voters phrases

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as no matter what roo. The
important thing is to do something. This

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became notorious in June last year,
when the caas and from Córdoba, were

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filled to receive in the middle of
a carnival former senator Bernardoño Elias,

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after being released on parole for collaborating
with the justice system, after spending five

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years in prison for the crimes of
concert to commit crime and laundering of assets

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and having on top a conviction for
bribery and trafficking in influence. This particularly

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surprises us in a country where corruption
seems to be the norm in the political

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world and even in the private world. I know that comparison is not fair,

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but in the day- to-
day there are also acts of corruption,

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such as bribing a traffic agent so
that he does not fine or pay

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a manager to take out the passport
we have normalized corruption. He moves this

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question to Felipe Rey, professor of
Constitutional Law at Javeriana University, and this

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he replied. I don' t
think so. My general impression is that

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to see is not that there is
a normalization of the problem of corruption.

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I perceive the opposite, that is, I perceive a huge and growing social

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sensitivity to corruption problems and show them
what is happening. Let' s say,

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any corruption event and this may not
have happened before and it' s

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another effect of the debate on social
media also has a huge impact on public

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deliberation. I think there is a
major change too, and it is that,

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being a left- wing government,
well, the left is exposing itself

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and exposing itself to the problems of
corruption that it traditionally accused of on the

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right and left. As a Government, it faces challenges related to the fight

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against corruption, for example, in
the areas of nomination of office, which

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is the great responsibility of, for
example, a President of the Republic who

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does not mine to be in charge
of huge entities and budgets. The problem

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of corruption in Colombia must also lead
to an institutional discussion. This is an

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issue that, for example, is
valid when we talk about the proposal that

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I do not share, to eliminate
the Attorney General' s Office, that

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is, in a country with levels
of corruption such as Colombia should not only

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disappear. Entities responsible for this struggle
should not disappear; on the contrary,

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we should be thinking of an institutional
infrastructure to combat corruption. Despite the latest

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cases of corruption known in entities such
as the National Risk Management Unit and the

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hundreds of other cases, such as
that of populated centres, mayonetas or bres,

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the country has in fact improved slightly
in the rate of perception of corruption,

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made every year by international transparency.
This measurement is the most widely used

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corruption ranking in the world and qualifies
perceived levels of corruption in the public sector

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in each country. According to the
opinions of experts and entrepreneurs. In the

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measurement of two thousand twenty- three
presented this year, Colombia obtained forty points

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on the scale of one hundred in
the cheesemaker means highly corrupt and very clean

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sel. The country' s score
has been improved from two thousand eighteen,

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when it had thirty- six points. The position of the pass s s

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in the global ranking also improved and
rose to ninety- one to eighty-

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seven among the hundreds eighty countries evaluated. But that rise on the list is

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not necessarily because the country feels less
corrupt, but because some countries like Tanzania,

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Suriname, Guyana, with which we
share the score of thirty- nine

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out of a hundred in two thousand
twenty- one, maintained the same score

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last year. However, according to
transparency by Colombia, which is part of

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international transparency, it remains an unsatisfactory
outcome, because there are serious problems of

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corruption that still confront the country and
that undermine the fundamental rights of a large

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part of its inhabitants. And it' s not for less. In December

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of two thousand twenty- three,
María Anaime Varón, Auditor General of Colombia,

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told Cambio magazine that in two thousand
twenty- two corruption cost the country

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more than fifty billion pesos. To
size this, I tell you that this

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year' s nation' s general
budget is five hundred and two six billion.

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I mean, corruption doesn' t
take almost ten percent. According to

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the auditor, this figure ends up
being higher because it lacks to calculate the

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social cost involved. In other words, it is not calculated, for example,

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the cost that boys and girls have
not been properly fed due to the

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constant theft of school feeding plans.
A document published by the Bank of the

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Republic in two thousand twenty- two
found that the number of disciplinary sanctions against

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public servants registered between two thousand thirteen
and two thousand twenty had a peak between

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two thousand eleven and two thousand eighteen
ranging from one thousand two hundred and one

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thousand four hundred each year, but
in two thousand nineteen a fall began that

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remained at less than six hundred.
I want you to pay attention to this

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figure which I am going to give
you next. According to a document of

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the Secretariat of Transparency of the Presidency, between two thousand ten and two thousand

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twenty- three, fifty- seven
thousand five hundred eighty- two complaints of

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corruption were registered. This means almost
thirteen complaints of crimes against the civil service

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every day in the last thirteen years. Of these complaints, ninety- three

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comma nine per cent remain unconvicted,
eighty- nine comma seven per cent have

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not been resolved in court sentences that
establish one or a few culprits, and

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seventy- seven comma five per cent
are in the preliminary phase of a formal

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investigation or trial, so they have
not even begun to investigate. These numbers

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are scandalous because they speak of high
levels of impunity, that is, that

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justice is applied to cases of corruption- related crimes in a timid six percent.

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And this is not only worrying,
but it makes sense if you see

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that the number of corruption complaints has
decreased dramatically. While in two thousand sixteen

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there were five thousand four hundred and
forty- seven denunciations, the number went

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down until last year there were only
eight hundred and two. The same applies

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to convictions for corruption, which were
nine percent in two thousand thirteen and ten

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years later have gone down to less
than one percent last year. Justice has

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its own time, because a corruption
trial can take up to ten years to

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reach a sanction. It is well
known that in this country it gives justice

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is pachydermic that takes its time,
but what is the role of the justice

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system in the solution of corruption.
I looked for Paca Azuleta, director of

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the School of Government of the University
of the Andes to answer this question and

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this he told me. The role
of the justice system in the fight against

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corruption. It is the role of
the justice system in any fight against crime

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and crime. Corruption is a way
to call a group of crimes that do

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damage common goods, common goods and
services, damage trust in institutions through personal

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exploitation of issues that are collective.
Justice must investigate taxation and condemn acts of

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corruption by the judges of the Republic. Justice, too, or the judiciary,

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must have protocols, programmes, handbooks
to promote transparency and prevent and mitigate

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the risks of corruption. The very
functioning of the judicial branch, the prosecutor

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' s office and the judges of
Republic A. We already know that it

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is a serious problem, but that
we are so concerned about corruption. According

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to a poll conducted by Ibander in
December of two thousand twenty- three,

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for thirty- one percent of Colombians
surveyed, unemployment and the economy are their

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main concern. Concern for public order
and security ranks second among the biggest concerns,

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with twenty- four percent, and
third is corruption, with sixteen percent.

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On the other hand, in January
of this year, World' s

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global study of ipsoes What Worris showed
that corruption ranks third among the concerns of

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Colombians, with thirty- three percent, only behind unemployment with forty- one

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percent and violence with thirty- eight
percent. According to regular surveys by imbamer

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Paul, corruption is often the most
alarming problem for citizens. However, current

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legislation does not provide adequate safeguards for
whistleblowers of corruption or preventive measures against offences

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linked to such complaints. It is
not easy to denounce corruption in Colombia.

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It is enough to see the number
of social leaders and observers who are threatened

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and killed every year for daring to
denounce. The list is long, but

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there are fresh examples, such as
that of Jaime Vázquez de Cúcuta, who

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had revealed videos that left councillors of
that city unstoppable. In addition to cases

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and corruption related to the nationalization of
Venezuelan cars and that he was murdered a

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few months ago, or like the
case of Fabio González and Pablo Bolaños,

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investigators of the ste and in bonaventure, who warned that another official of that

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same institution collaborated with the mafia so
that for drugs and against the side and

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instead of paying attention to them,
they were transferred to distant cities and opened

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criminal proceedings for falsehood in public document. ECO DE and Transparency International have urged

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the country to implement a law that
protects those who denounce acts of corruption,

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guaranteeing them protection against reprisals of any
kind, whether physical, economic, social,

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or psychological. However, this remains
a pending task for Congress, which

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has not flowed easily to manage the
legislative agenda. Perhaps one of the saddest

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and most recent examples of whistleblowers of
corruption is that of the late Jorge Enrique

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Pisano, the auditor of the Ruta
al Sol Dos project, who died in

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November of two thousand nineteen in mysterious
circumstances. Among the authorities. They claim

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that his death was due to natural
causes. His family thinks he was murdered.

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This occurred after his allegations of embezzlement
of funds in the work. In

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November last year, the Government enacted
a bill with its name that seeks to

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protect whistleblowers from acts of corruption.
However, today it has not had its

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first debate in Congress and if it
is not approved in June, this project

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of leice ondig But this is not
the first attempt to protect whistleblowers from corruption.

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Already in two thousand nineteen, then
President Iván Duque led the bill Pedro

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Pascasio Martínez, which sought to protect
the whistleblowers. But a year later,

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the Deputy Minister of the Interior,
Daniel Palacio, asked the First Committee of

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the House of Representatives, to dismiss
the bill, for the more than eighty

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proposed amendments to the text and for
the request of the then prosecutor Francisco Barbosa,

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to examine the initiative in depth to
provide a more detailed opinion. According

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to the newspaper of the country,
the Director of Transparency for Colombia, Andrés

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Hernández Auro Comillas, the Congress has
not wanted to give a serious debate on

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this issue. The House of Representatives
has received bills and has not seen even

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the first debate. It is clear
that if I want to attack this corruption,

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I should protect whoever denounces it.
I' m closing Comillas. The

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document published by the Bank of the
Republic on corruption, which I mentioned earlier,

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also found that in the early decade
of two thousand ten there was a

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significant increase in the objective indicators of
corruption and concluded that this fact casts doubt

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on the effectiveness of the laws recently
implemented to combat corruption. I see all

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this, and I wonder if the
bills are enough to put an end to

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corruption. I asked this question to
the Director of Transparency for Colombia Andrés Hernández.

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Laws aren' t enough to end
corruption. In Colombia and in general,

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many anti- corruption norms have been
created in Latin America in recent decades,

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but these rules have two problems.
First, that many are left without

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sufficient implementation and, second, that
several laws leave cracks open through which corruption

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continues to slip. Nor have we
been able to assess without more rules helps

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to have less corruption or if perhaps
we are falling into an excess of regulation

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that could even favor new irregularities.
In spite of all this, it is

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important to reiterate that laws are necessary
to deal with corruption, because the rules

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allow us to have instruments to prevent
and attack this problem from legality and not

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from outside democratic frameworks. To think
that we can fight corruption outside the law

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carries the risk of manipulating the anti- corruption flag to favor authoritarian and anti

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- democratic actions. Beyond this,
we need more ambitious and effective strategies to

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confront corruption that combine robust laws and
effective implementation, as well as greater public

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leadership and commitment from non- state
actors, such as the business sector and

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society as a whole. To the
point of assuming that being corrupt is not

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normal, as if it were not
enough. We have to add a new

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element to the problem of corruption,
it is already drug trafficking, and it

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is that the war on drugs goes
through the country everywhere as a total wound

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and corruption is one of the ways
in which it manages to keep rubbing.

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Benjamin Lessing is an associate professor of
political science at the University of Chicago.

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The study of the criminal conflict,
that is, organized violence involving armed groups

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that do not seek the power of
formal state, such as drug cartels,

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prison gangs, paramilitary sites. He
is owed something known as Lessing' s

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trilemma, which says it is impossible
to attack drug trafficking, corruption and violence.

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At the same time. The explanation
is that if drug trafficking is repressed,

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the price of bribes goes up and
officials have more incentives to corrupt themselves,

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while fighting corruption. Drug traffickers can
resort to more violence to maintain their

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business. The mere figure of Pablo
Escobar in Congress, the murder of Luis

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Carlos Ganán or the same process eight
zero are examples of what solving corruption without

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first solving the drug problem is going
to be very difficult. In two thousand

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twenty- one, Transparency for Colombia
published the report Fight against corruption and Fight

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against drug trafficking in Colombia. He
found, through interviews that the institutions charged

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with dealing strategically with the fight against
drug trafficking. With the Ministry of Justice,

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the Ministry of Defence, the Transparency
Secretariat and the National Planning Department,

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they had not integrated the fight and
promotion of transparency and integrity into policies to

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combat drug trafficking, nor into concrete
and strategic actions of the entities working in

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the system. And he also found
that, in addition to attacking the drug

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trafficking production chain, it is also
necessary to promote actions in areas highly associated

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with corruption, such as money laundering. Violence and armed conflict have also been

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instrumental in keeping corruption rampant. And
just as it is said that making the

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law, making the trap, something
similar happens with technology and corruption. During

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a meeting of the World Bank'
s Global Alliance of Enemies of Corruption,

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it was stressed that the management of
digital documents is simplifying the embezzlement of funds,

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the perpetration of economic or property crimes, the usurpation of assets or the

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disappearance of evidence in investigations against fraud. I asked Mercedes Cevallos, a forensic

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auditor and expert in economic criminal investigation, what the role of anti- corruption

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technology is. This he told me. Technology plays a very important role in

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preventing public and private corruption. Today
we have technological tools that allow us to

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anticipate corrupt behaviors that can be committed
by natural or legal persons within a technological

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environment, almost like predicting some kind
of behavior at the level of information systems.

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It is now possible based on data
analytics, artificial intelligence and psychological profiling

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of individuals who are more likely to
commit corrupt behaviors. This information that gives

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us the technology from different technological understandings
and tools of criminal investigation, we can

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use them in the prevention of corruption. It is important that public and private

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companies are aware of these mechanisms and
include them in their mechanisms for preventing corruption.

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Perhaps one of the most common ways
in which this problem is maintained is

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in electoral politics, in its various
varieties, and is that there is a

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whole apparatus for the machinery of corruption
to move, although more like a pyramid.

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I am referring more precisely to the
purchase of votes, whether in exchange

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for silver or for posts and contracts. It requires politicians who know the functioning

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of the state, its bureaucracy and
the legal gaps in which they take refuge

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to contract around here, in exchange
for a thousand votes in the Communal Action

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Board or a contract of a secretariat
or ministry, in exchange for humorous people

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to vote. In short, the
techniques have been refined every time. The

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death of the late politician Mario Castaño
showed how this platform of political corruption works.

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The country newspaper reviews this case very
well. In June to two thousand

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twenty- three, Castaño was sentenced
to fifteen years and eleven months in prison,

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for concert to offend interest due to
conclusion of contracts speculated confusion Gestaffer,

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according to the Spanish medium Castaño,
was in charge of a complex system that

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manipulated the allocation of public contracts between
two thousand twenty and March of two thousand

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twenty- two. Research shows that
this politician had an influence on the delivery

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of state contracts worth forty- three
million pesos, approximately ten two million dollars,

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and he always received payments for improperly
doing so. It had control over

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different organizations such as the Department for
Social Prosperity of PS, the Ministries of

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Interior and Sport, the Disaster Risk
Management Unit, the Governorate of the Choco.

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The sena affects projects in several regions
of Colombia. Serving as an intermediary

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between mayors and governors to receive money
has been an old technique. In fact,

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in two thousand twenty- two Blue
Radio peridists denounced with testimonies from local

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leaders that officials of the Comptroller'
s office demanded coimas of between one and

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two percent in exchange for deceiving or
authorizing ocadbas projects. The supercostrus are another

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traditional tactic of corruption and of this
there is a fresher example, that of

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the famous carrots of La Guajira.
In January of this year, the National

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Unit for Disaster Risk Management announced the
delivery of forty tanks to supply water to

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several communities in La Guajira. Shortly
afterwards, price irregularities were observed and double

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acronyms revealed costs of up to twenty
zero million pesos in a contract that amounted

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to forty- six zero million and
could spend hours recounting the corruption scandals of

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each government. But I run out
of time for this chapter transparency by Colombia

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and again published his report Radiography of
the Acts of Corruption in Colombia two thousand

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sixteen, two thousand twenty. The
document is quite interesting because it shows precisely

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the wiring of methods of corruption.
For example, they found that the national

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government is the entity most affected by
acts of corruption thirty- two percent,

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followed by mayors twenty- seven percent. Then the private sector by twelve percent

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and the governorates by eleven percent.
But beyond those numbers, the most important

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data is more than fourteen million people
were directly affected by corruption. The majority

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of those directly affected are boys,
girls of adolescents followed by students and the

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socio- economically vulnerable population a and
añapa. In that period, between

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two thousand sixteen and two thousand twenty
were lost thirteen comma sixty- seven billion

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pesos in cases of corruption three times
the resources that were allocated for early childhood

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care in the nation' s general
budget. In two thousand twenty- one

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the data that the national governments are
the ones most affected by corruption crosses them

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with different scandals that have had to
work close to the presidents, even directly

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to the presidents, and one cannot
help wondering it is possible in Colombia that

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a president should be tried for corruption. He moves the question to Senators Humberto

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de la Calle and David Luna.
Of course, mechanisms to try presidents in

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Colombia exist and not just for corruption, for any other crime, and not

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just for crimes. The short constitution
that a president can be removed for indignity,

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which is a much broader concept.
Then the problem is not in the

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rules. What happens is that,
in practice, the system has meant that

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the House Indictment Commission, which is
the one that would present it to the

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House, to the proposal to accuse
a president before the Senate, because he

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lives co- opted by the Executive, which happens in general with Congress.

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So we' re in a little
bit of a jammed- up situation if

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there' s written law, but
in practice there' s no confidence in

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Congress. The incidence of the executive
branch is very high, in such a

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way that it paralyzes the trials,
which for Colombians in general, with more

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or less reason, has meant that
impunity for the high- level rulers is

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enormous and for many, I believe
it is something that in the present circumstances

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is impossible to modify. But of
course, Colombia may have a President of

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the Republic investigated, charged and convicted
for corruption or any other crime. The

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Constitution of the 1990s makes it absolutely
clear what is the procedure for doing so.

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More in the past they have made
political judgments. You will remember that

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of President Samper, who was investigated
by the Indictment Commission of the House,

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that his case reached the House Plenary, but the Plenary decided not to accuse

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him before the Senate of the Republic
for trial at that time. It seems

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to me that it is important to
remember history and it seems to me that

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it is very important to know in
this case the constitutional norm. This is

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not conjunctural. It' s not
about President Gustavo Petro being President today,

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or being left or right. It
is that there can be both evidence and,

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of course, researchers, in this
case, representatives to the House,

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with enough pants and a clean conscience
to be able to make decisions in law,

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not in politics, and in that
sense, because it is the representatives

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to the House who are part of
that commission of accusations. Recently, former

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prosecutor Alfonso Gómez Méndez reflected in a
column of opinion on this problem. The

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Ministry of the Interior, Ladian,
the National Electoral Council and other bodies already

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have sufficient tools to combat corruption.
What is required to get to the bottom

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of the problem is more political will. Corruption in Colombia has shown a decrease,

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at least in perception. However,
it continues to cost the resources for

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education, the feeding of children and
the water of the most thirsty, but

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also the lives of those who dare
to denounce. It' s so much

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that I can' t get half
an hour to talk about it. The

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disillusionment of Colombians with traditional politics is
hardly justified. It seems that there is

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no political party or government that has
not been spattered by corruption. However,

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it is a struggle in which we
cannot lower our arms, even if corruption

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shows itself to be everywhere and generate
resistance. AsÉlycobacter pilorit I am Roberto

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Pombo, or s is one chapter
eighty- eight of my questions. See

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you in the next chapter from now
on. This chapter of my questions is

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available on all podcast platforms. This
episode was made possible thanks to CAFAM family

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compensation box, Roberto Pombo Directorate,
General Production, Juan Abel Gutiérrez, editorial

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00:28:19.920 --> 00:28:25.720
advisor, Daniel San Pedro Espino,
Screenplays juan Abel Gutiérrez and Johnny Rodríguez.

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Field production Marcela Salazar and Lucía Beltrán. Post- production of audio Carlos Bernar