2024-09-24 01:21:25
The writ of amnesty argued that the CNE and Congress could not have jurisdiction over the investigation and possible sanctions that would affect Petro’s presidential term.
The Council of State rejected a tutela action filed by the Foundation for the Defense of Legal and Timely Information – Dilo Colombia, which sought to stop an investigation into the presidential campaign of the current president of Colombia, Gustavo Petro. The tutela, filed on the grounds of defending the constitutional order and the separation of powers, was declared inadmissible by the high court.
The lawsuit revolved around a process of impeachment that could be initiated against the president, and sought to protect the rights of citizens in relation to the investigation of his presidential campaign. The Dilo Colombia Foundation argued that citizen rights were affected because, in its opinion, the Consultation Chamber of the Council of State did not have jurisdiction to deal with the case.
Arguments of the foundation
According to the foundation, the Consultation and Civil Service Chamber of the Council of State did not have the authority to resolve matters related to Gustavo Petro’s presidential campaign, since, according to its interpretation, this type of conflict had a jurisdictional nature that should be resolved by the Constitutional Court. In this sense, the organization considered that the intervention of the National Electoral Council (CNE) and the Congress of the Republic should be limited in this type of cases.
Dilo Colombia argued that the CNE and Congress could not have jurisdiction over the investigation and possible sanctions that would affect Petro’s presidential mandate. However, the Council of State dismissed these arguments, concluding that the foundation had no legitimate interest and did not represent any of the parties affected by the process.
The decision
The Council of State clarified that decisions related to the presidential campaign and the possible loss of the president’s office are the exclusive responsibility of the CNE and Congress. It also noted that only President Gustavo Petro has the legitimacy to take action in his defense within this process.
Furthermore, the court explained that, although the Dilo Colombia Foundation claimed to act in defense of citizens’ rights, it cannot be considered as such, since it does not have the status of citizen and, therefore, cannot prove that it voted in the 2022 presidential elections. This lack of legitimacy was a key factor in the inadmissibility of the protection.
Finally, a clarification of the vote was presented by two judges of the Council of State, who expressed their partial disagreement with the decision taken by the majority, although this did not alter the main ruling.
The decision of the Council of State ratifies the investigation process surrounding Gustavo Petro’s presidential campaign and underlines the limits on the participation of external actors in processes that involve the loss of the presidential office.