2024-03-12 23:24:12
The fine that former President Guillermo Lasso must pay amounts to $6,900, 15 unified basic salaries. for the appointment of Sebastián Corral as Secretary of Public Administration in his government.
Comptroller Mauricio Torres referred to the amount to be paid in his appearance, on February 21, in the Oversight and Political Control Commission of the National Assembly in which the special examination carried out on the designation was analyzed.
However, all these sanctions They are part of a predetermination, that is, despite the fine there is still an ongoing process that may even reach the Contentious Administrative Court of the Comptroller’s Office, which is the last instance.
He also stated that an indication of criminal responsibility was determined that was already sent to the Prosecutor’s Office for the actions that were committed outside the Law in the possession of the former servant.
When should fines be paid?
In addition to Lasso, the sanctions reach Corral, who must pay a fine of 20 salaries, that is, $9,200, and four other officials from the Directorate of Human Talent and the Secretariat of the Presidency of the Republic, whose identity is unknown. value of the economic sanction.
According to the Comptroller’s website, after notification to those subject to liability, deadlines begin to run for them to exercise their right to defense, delivering exculpatory evidence within the following deadlines: 30 days to support administrative responsibilities; 60 days for civil liabilities; and, 90 days for refund orders.
Responsibilities are confirmed when the subject of liability does not exercise his or her right to defense and does not present a defense; or, when the explanations and documents sent are insufficient to justify their actions.
They disappear when the obligation is covered by returning the assets or resources to the entity; for the payment of the value of the liability to the Comptroller’s Office; for failures in due process during the audit; delivery of documentation that justifies the actions; or, in the case of administrative sanctions, by the death of the person responsible.
Why did the Comptroller’s Office impose the fines?
In this case, the Comptroller’s Office imposed the fines after carrying out a special examination of compliance with requirements, prohibitions and disqualifications prior to the appointment and possession of the position of Secretary General of the Public Administration and Cabinet, for the period between 1 January 2023 and August 31, 2023.
The Comptroller’s Office reviewed Corral’s appointment and determined that Lasso appointed him and appointed him as Secretary General of the Public Administration and Cabinet of the Presidency of the Republic. without considering that it is a shareholder in the companies Centro de Radio y Televisión Cratel CA and Teleamazonas Guayaquil SA, which maintain extended frequency concession contracts with the State.
In the examination, it was determined that the registered information was not validated, nor was the prohibition determined in the Constitution of the Republic verified, causing a person prohibited from holding a position of ministerial rank to be enabled and allowed to exercise public office. of State.
Article 152 of the Constitution, numeral 2, provides that “… they cannot be ministers or ministers of State… 2. Natural persons, owners, members of the board of directors, representatives or attorneys-in-fact of private legal entities, national or foreign, who maintain a contract with the State for the execution of public works, provision of public services or exploitation of natural resources, through concession, association or any other contractual modality…”
The exam also points out that the analysis of funds, investments and assets abroad was excepted, since the examinee, in the sworn asset declaration of February 28, 2023, said he did not directly or indirectly have assets or capital in countries or countries. jurisdictions considered tax havens.
Corral, before taking possession, presented the declaration of conflict of interest, where he declared “he has no conflict of interest to assume the position of general secretary in the institution…”.
In the official document of the Comptroller’s Office it is stated that from the information generated by the Superintendence of Companies, Securities and Insurance of Ecuador it was verified that Sebastián Corral was general manager and at the end of the special examination he is a shareholder of the companies Centro de Radio and Televisión Cratel CA and Teleamazonas Guayaquil SA, companies that maintain a contractual relationship with the Superintendency of Telecommunications, current Telecommunications Regulation and Control Agency, through contracts dated January 19, 2005 and July 18, 2012.
The former secretary on November 27, 2023 indicated that the date of subscription of the enabling titles did not generate legal effect for the purposes of occupying the position in 2023, since they were granted in 2012 to the Cratel Radio and Television Center companies. CA and Teleamazonas Guayaquil SA
The Comptroller’s Office in its examination emphasizes that the former employee is the owner of shares in the aforementioned companies and the contracts have been extended to the date of the special examination, which is why he was subject to the prohibition and inability to hold the position, with the rank of Minister.
Meanwhile, Torres also stated that the time his predecessor, Carlos Riofrío, took to investigate the complaint regarding Corral’s appointment raises doubts. He said that the preliminary verification was carried out last July, which showed signs that there were problems in that designation and possession and the examination was only ordered in October.
By: KCH