2024-09-15 00:54:30
The ruling was issued after Mario Aristizábal filed an appeal for direct reparation for a three-month suspension during his term by the supervisory body.
The Council of State issued a historic ruling ordering the Office of the Comptroller General to repair the damages caused to the former governor of Caldas, Mario Aristizábal, due to a provisional suspension imposed during a fiscal investigation. The decision of the highest administrative litigation court establishes that the suspension of the former governor did not comply with the requirements of necessity and temporality.
The case dates back to an investigation initiated by the Comptroller General’s Office in relation to concession contract No. 1 of 2006, during Aristizábal’s term. In the framework of this investigation, the then governor was suspended from his position for a period of three months and ten days, on the grounds that his permanence in the position could jeopardize the preservation of evidence. However, the process of fiscal responsibility concluded without further consequences, since, although a patrimonial loss was demonstrated, this was fully covered by the concessionaire involved.
The remedy for reparation
Following this suspension, Mario Aristizábal filed an appeal for direct compensation, arguing that the suspension was unfair and affected his right to complete the term for which he was elected. The Council of State, while recognizing that the fiscal investigation was a burden that the former governor was obliged to bear due to the proven financial loss, determined that the provisional suspension measure was not duly justified.
The Administrative Litigation Chamber concluded that the Comptroller General’s Office did not prove the imminent damage to the evidence that could result from Aristizábal’s continued tenure. In addition, the ruling states that the defendant entity did not present sufficient evidence to show that the use of less restrictive means of the rights of the person under investigation would be ineffective in preserving the material elements of evidence.
Political rights affected
The decision also underlines that the suspension prevented the former governor from completing his term, affecting not only his political rights, but also his reputation as a public official. In this regard, the Council of State ordered the Comptroller General to repair the damage caused by this disproportionate measure, recognizing that the provisional suspension, by not complying with the legal requirements, was an improper act that violated the rights of the former governor.
This ruling sets an important precedent on the correct application of precautionary measures in tax investigations and reinforces the need for oversight bodies to act under the principles of proportionality and respect for fundamental rights.