In an atypical day, in which the ‘new rules of the game’ and strict measures of security and transparency were imposed, on Tuesday, November 19, 2024, the Senate of the Republic elected Miguel Efraín Polo as a magistrate of the Constitutional Court, which led to the replacement the departure of Antonio José Lizarazo, who no longer belongs to the high court in February 2025. With this, an intense dispute was settled that generated a media storm, as due to allegations of alleged fraud.
With a total of 57 votes, compared to 47 votes for his opponent, Claudia Dangond, the new member of the justice administration body in Colombiain charge of defending the Magna Carta, was chosen. A total of 104 legislators participated in the process, depositing their cards. As for the session on Monday, November 18, when they were tied at 50 votes, Polo managed to add Dangond’s three endorsements and add four more to his nomination.
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“I would like to thank the Council of State for appointing me to this dignity and the Congress, especially you, for appointing me as a new magistrate of the Constitutional Court, and likewise. I want to strongly defend what is in the Court and every judge.who gave their whole life and their commitment, their objectivity and their independence to the defence of the Political Constitution,” Polo said while taking office.
Senators Jota Pe Hernández, Inti Asprilla and María José Pizarro formed the scrutiny commission to select Miguel Polo as the new magistrate of the Constitutional Court – credit @Senadogovco/XThat is to say, in one night, when Dangond started as the favorite to reach the high courtthe candidate of the opposition parties such as the Democratic Center, Cambio Radical and the Conservador, with individual support from other groups, such as Angélica Lozano, from the Alianza Verde party, and others, lost the race. A hard blow to anti-Government groups, which Petro officials accused of lobbying Polo.
Count out loudCongressman Asprilla was heard saying to the Undersecretary of the Senate, Saúl Cruz, in charge of accompanying the respective scrutiny, with the aim of informing the public of the verification of the vote.
During the day He attracted powerful attention as some of the voters took a photo of his voteto have evidence of his determination. Although this was suitable for other interpretations, such as those who allegedly reported their vote to other interested parties, especially those who pointed out that the Government of the President of the Republic, Gustavo Petro, was responsible for this behavior. Allegations dismissed members of his cabinet.
Within the framework of this complex process, the way in which the current ambassador of Colombia to the United Kingdom, Roy Barreras, would have given hints as to who is his candidate for this election, was mentioned, with a play on words that did not go. on social networks. “The Constitutional Court is the guarantor of the rights of all Colombians. The Basic Pole is worthy of the decisions of the other branches of power,” he said in his X profile, as it turned out in the end.
Over the next eight years, Judge Polo will join a court with a conservative traditionand there will be more news: Judge Cristina Pardo will end her term in May 2025, Diana Fajardo in June of the same year and José Fernando Reyes Cuartas in September, so Petro will have the opportunity to serve on one of those occasions, with which the balance could be reduced, according to the experts, in their favor.
How can allegations of fraud during the election process impact the functioning of the Constitutional Court?
Interview between Time.news Editor and Constitutional Law Expert
Time.news Editor (TNE): Good morning, everyone! Today, we’re diving into a significant political development in Colombia — the election of Miguel Efraín Polo as a magistrate of the Constitutional Court. To help us unpack this event, I’m joined by Dr. Ana María Torres, an expert in constitutional law. Ana, welcome!
Dr. Ana María Torres (AMT): Good morning! It’s a pleasure to be here and discuss such an important topic.
TNE: Let’s start with the basics. Miguel Efraín Polo was recently elected to the Constitutional Court, replacing Antonio José Lizarazo. Can you tell us about the role of the Constitutional Court in Colombia?
AMT: Absolutely. The Constitutional Court is crucial in upholding the Constitution and ensuring that laws and acts of the government are in compliance with constitutional principles. It acts as a guardian of civil rights and liberties, which is particularly pertinent in a country like Colombia, where legal and political frameworks are often challenged.
TNE: Polo’s election came amidst allegations of fraud and a media storm regarding the election process. How does this scrutiny affect the legitimacy of the court?
AMT: The integrity of the election process is vital for maintaining public trust in the judiciary. Allegations of fraud can cast a long shadow over the authority of court decisions. It’s essential for the court’s legitimacy that these claims are taken seriously and investigated. If the public perceives the process as flawed, it could undermine the court’s credibility.
TNE: Polo secured 57 votes, overcoming the initial tie of 50 votes with the support of once-opponent Claudia Dangond’s endorsements. What does this reveal about political maneuvering in the Senate?
AMT: It shows that political alliances can be quite fluid. Polo’s ability to gain endorsements highlights not only his political acumen but also the strategic negotiations that take place behind the scenes in Colombian politics. The fact that Dangond was initially favored indicates that the political landscape is unpredictable, often depending on who can build the most effective coalition at critical moments.
TNE: Polo expressed gratitude toward the Council of State and Congress during his swearing-in, emphasizing his commitment to defending the court’s integrity. How important is this commitment, especially in light of current tensions?
AMT: His commitment is crucial. It reflects a dedication to uphold the constitution and boost the integrity of the institution against external pressures, particularly from the government or political factions with vested interests. In a politically charged environment, it’s essential for magistrates to prioritize judicial independence, ensuring that their rulings are based on law and constitutional principles rather than political influence.
TNE: In the wake of this election, what do you perceive as Polo’s immediate challenges as a new magistrate?
AMT: One immediate challenge will be to navigate the existing tensions between the court and the government. He will also need to address public concerns about the court’s impartiality and reinforce a sense of transparency and accountability in its rulings. Additionally, balancing the expectations of his supporters while maintaining judicial independence will be pivotal.
TNE: It’s certainly a complex landscape. How would you advise Polo to approach his role in order to foster trust among the populace?
AMT: Transparency is key. He should engage with civil society and communicate openly about his decisions and the reasoning behind them. Holding public meetings and discussions could also foster a better understanding of the court’s functions and decisions. Moreover, being proactive in addressing concerns and inquiries can enhance the court’s relationship with the citizens.
TNE: Thank you, Dr. Torres. Your insights have shed light on this critical moment in Colombian politics. We can see that the road ahead for Miguel Efraín Polo is filled with both challenges and opportunities to affirm the Constitutional Court’s integrity.
AMT: Thank you for having me! It’s essential to stay informed and engaged with these developments.
TNE: Absolutely! And thank you to our viewers for tuning in to this enlightening discussion. Stay tuned for more updates on Colombia’s political landscape.