Julio César Ortiz, lawyer for the former mayor of Bucaramanga, Rodolfo Hernández, assured that the sanction of the Attorney General’s Office is excessive and for political purposes.

Julio César Ortiz, lawyer for the former mayor of Bucaramanga, Rodolfo Hernández, assured that the sanction of the Attorney General’s Office is excessive and for political purposes.

2023-06-03 03:52:34

According to Julio César Ortiz, the Public Ministry overreached in the disciplinary sanction that it applied to former presidential candidate Rodolfo Hernández, since it did not have the power to disqualify him since he is a former popularly elected official.

Besides: What is the political future of Rodolfo Hernández after a new sanction from the Attorney General’s Office?

“The Attorney General’s Office sanctions Rodolfo Hernández illegally, outside of its powers and without any evidentiary basis. The mayor had the right to disseminate a new public policy, to meet with stakeholders publicly, point out his vision of cleaning the final solid waste deposit, it is his political duty to do so, the Attorney General’s Office cannot sanction Rodolfo Hernández for drinking coffee as Bucaramanga knows in a public cafeteria, in a shopping center. A president or a politician has the duty to promote the public promotion of his policies and that is why the Attorney General’s Office sanctions him ”, considered Julio César Ortiz.

Likewise, the defense lawyer insisted that the former municipal president never provided privileged information for the process of contracting new technologies for the treatment of solid waste as the Attorney General’s Office foisted on him.

“Why doesn’t the Attorney General’s Office dare to say that it is illegal? only that through the subjective, abstract ethical expression of what is improper, it orders and injures the political interests of a citizen who is almost president of the Republic and who can become governor of a department. The Attorney General’s Office is overwhelmed, what is improper must be classified as illegal. They do not have a single proof that says that it is prohibited to promote a public policy, it is their duty, the public manager must promote it, make it public, make it known. And what is the relevance of that information, that it altered the legal games of the competition in a contest that was not carried out, ”added Ortiz in dialogue with Vanguardia Hoy.

Lawsuit in Court

Although he has not reviewed the 170 pages of the Prosecutor’s ruling, Julio César Ortiz already announced that he will appeal the determination of the Public Ministry both in the disciplinary process and through the courts, considering that there are no guarantees of legal impartiality in the second instance. .

“The appeal means that the ruling of the Attorney General’s Office does not enter into force, of course we are pending, knowing that this is a hierarchical structure, there are no guarantees in the sense that the second instance is independent, they are employees of the Attorney, of course the guarantees of independent work do not exist. Consequently, we are preparing to assist in administrative litigation in such a way that the order does not enter into enforcement and the mayor can make use of his political rights, ”added Rodolfo Hernández’s lawyer.

Even Ortiz did not rule out the possibility of taking the case of Rodolfo Hernández before the Inter-American Commission on Human Rights.

“What the Inter-American Convention applied to the case of Gustavo Petro is precisely to prevent a decision by an administrative official like Alejandro Ordóñez from persecuting this former leftist mayor. Then the Court, which already has a judge hearing the case, condemns the Colombian State and orders Dr. Margarita Cabello, whom I respect and admire, not to know. Administrative officials cannot enervate the political rights of Colombian citizens and even less those who want to be popularly elected, Rodolfo Hernández has not been criminally convicted, he is not firm in disciplinary terms and we will continue to defend him so that he continues to exercise his political rights,” he explained. Ortiz.

For the lawyer, Rodolfo Hernández will be able to participate in the next local elections either as a candidate for the Governor of Santander or the Mayor of Bucaramanga.


In a first instance ruling, the Attorney General’s Office sanctioned the former mayor of Bucaramanga, Rodolfo Hernández Suárez, with dismissal and general disability for 14 years, for alleged irregularities in the notorious case known as ‘Vitalogic’, when he served as local representative for the period 2016 – 2019.

Besides: Sanction against Rodolfo Hernández is ratified and his candidacy for the presidency is in danger

According to the Public Ministry, undue interest of the former mayor was found in the selection process for the assignment of the contract for the use and final disposal of solid waste to the Unión Temporal Vitalogic RSU which, if contracted, would give economic benefits to his son, under a previously agreed upon brokerage agreement.

“It was verified that Hernández Suárez had a meeting in Bogotá with emissaries of the company, not as a courtesy act to hear proposals, but to find out how the project that he had previously requested had been structured, and in it it was agreed to designate the person who I would elaborate the terms that would allow the aforementioned contracting firm to be the selected one”, explained the attorney Margarita Cabello, from Bucaramanga where she was carrying out the accountability of the entity.

The Attorney General’s Office classified the two conducts accused of Hernández Suárez as misconduct committed by way of intent, the first of a very serious nature due to undue interest in entering into contracts, and the one related to coercion of the Emab official, as a serious misdemeanor.

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