The temporary suspension imposed by Mayor Daniel Quintero’s Office of the Attorney General opens some legal possibilities with the president suspended and leaves the appointment of a mayor in charge suspended. EL COLOMbianO consulted with former prosecutors and lawyers to find out what path the mayor might follow.
The first thing the president has in mind is an appeal for reconsideration before the decision of the governing entity. To do this, the mayor’s legal team must consult the Office of the Attorney General’s Disciplinary Code to determine its details and times for using the resource.
Second, former attorney Alfonso Gómez Méndez explained, the mayor will be able to file a tutela action. To do this, you must first drain the resources before the Attorney General’s Office.
Once this procedure is exhausted, the mayor may approach the Inter-American Commission for Human Rights (IAHR). “It simply came to our notice then. The path to the IACHR, although for other reasons, other leaders such as Leopoldo López and Gustavo Petro have already traveled ”, said a former magistrate of the Council of State.
This is a precedent and it is The mayor traveled to Washington last February to expose the alleged political persecution against him to the ACHR. So for the experts consulted, the dispute is more likely to go to the IAHR.
For constitutionalist David Suárez, the Attorney General’s decision is a milestone in the history of capitals. “It is a very brave decision by the Attorney General. This is the first time this has happened in the office of the Mayor of Medellin, in the capital. The last was participation in the ‘Change first’ campaign. It was very exciting. That forced them to take action. ”
Regarding the resources of Mayor Quintero, he said: “It is not easy, as the Office of the Attorney General is in the process of reform. I imagine that Quintero, like Petro and other leaders in the past, will go to the Inter-American Commission for Human Rights (IACHR), or go into guardianship. ”
The president may raise a certain amount of consultation with the body, the type of resource that operates in these cases, and exhaust the internal cases.
“Knowing the official order of the decision will be essential to know what resources will come. To date, the Attorney General’s Office has taken precautionary measures to protect potential evidence, so that it is not obscured, and that the president does not engage in the same conduct. ” Suárez concluded.
What will happen to the Mayor ‘s Office?
Lawyer Suárez added The decision takes effect immediately and President Iván Duque will appoint a mayor in charge, since Medellín has been a district since last year and therefore by law.
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