In a key development within the Colombian judicial system, the Supreme Court of Justice handed down a sentence against former senators Miguel ‘El Ñoño’ Elías and Musa Besaile Fayad, both members of the U Party. The politicians were found guilty of participating in corrupt activities associated to the Financial Fund for Development Projects (Fonade), which also led to arrest warrants against him. This verdict was announced despite the attempts of protesters to block access to the Palace of Justice, who expressed their discontent with the election of attorney general and the appointment of Martha Mancera as interim prosecutor.
The investigation and subsequent trial revealed how Elías and Besaile Fayad became involved in a corruption network designed to divert funds from Fonade, intended for the development of projects in Colombia. In addition to the former senators, two prominent political figures were also mentioned in the case: Néstor Humberto Martínez and Armando Benedetti, whose names appeared linked to the scandal, although their degree of involvement has not yet been clearly defined. The Supreme Court not only focused its attention on the unlawful acts of the defendants, but also on the systematic structure of corruption that enabled these activities.
According to El Espectador, judicial sources revealed that Martínez, during his period as minister, tried to position Fonade under the control of the U Party, ensuring that this entity would become “a position that belongs to the party.” This statement was corroborated by Elías’s testimonies before the Supreme Court of Justice, indicating that Martínez directly communicated this intention to them. Additionally, Musa Besaile agreed with this story, underlining Martínez’s interest in delegating the direction of Fonade to the political party.
According to what the newspaper said, a change in plans arose when it became clear that Martínez was deliberately delaying the handover of the Fonade management. According to what was stated by Besaile, he and Elías held a meeting with the then judge of the Supreme Court of Justice, Francisco Ricaurte, who was later convicted for his involvement in the ‘toga cartel’. In this meeting, Ricaurte pointed out to them that Martínez would possibly not fulfill his promise regarding Fonade. As a result, they decided to support Alfredo Ramón Bula Dumar, a candidate suggested by Ricaurte to direct the Fund, who was considered a protégé of the convicted former magistrate Gustavo Malo.
This intricate game of influences also sought the support of José Leonidas Bustos, then president of the Supreme Court, who, in addition to being a “close friend” of Martínez, endorsed Bula Dumar’s candidacy for the direction of Fonade. In the corruption network, Armando Benedetti, recently appointed Colombian ambassador to the Food and Agriculture Organization of the United Nations (FAO), is also mentioned as one of the political figures related to these corrupt maneuvers, as revealed in the evidence presented before the high court.
Martínez and Benedetti were mentioned, in total, fourteen times in the verdict that confirmed their connection to this corruption case, divided into seven mentions each.
It should be remembered that the Supreme Court of Justice has been investigating Armando Benedetti since 2022 for his alleged involvement in a corruption network of the Fund, according to revelations in the testimony of Jorge Iván Henao, former advisor to Fonade management. The above, after the Prosecutor’s Office requested copies of the testimony from the high court. “Senator Benedetti, along with his colleagues, received the management of Fonade as a political fee,” indicated the Prosecutor’s Office.
Jorge Iván Henao played a crucial role in the scandal, holding a meeting in 2016 with Benedetti to agree on a contract for Certicámara, a maneuver that underlines the network of corruption. This act led to the call for trial of Henao and five other people, including Elsy Mireya Pinzón, former advisor to Benedetti’s Legislative Work Unit (UTL). Such facts were detected after thorough investigations that revealed Pinzón’s repeated visits to Fonade with the “sole purpose of managing the awarding of the contract”, visits that intensified after the aforementioned meeting between Henao and Benedetti.
Investigations indicate that those involved diverted Fonade resources, seriously affecting the integrity of this fund intended for development. The Prosecutor’s Office explicitly pointed out that the accused, “contrary to their duty as public servants, used those millionaire Fonade resources to illicitly enrich themselves.”
The scandal also highlights the alleged links of these politicians to the Toga cartel, a previous corruption case involving senior officials in the Colombian judicial system. According to the Prosecutor’s Office, Benedetti “benefited from the Government’s bureaucratic deliveries or payments to Senator Elías and from the million-dollar contracts delivered by Fonade to the members of the Toga cartel.” These statements suggest a widespread and deeply rooted network of corruption in the Colombian State, demonstrating the challenges the country faces in its fight against corruption. With Infobae