The decision involves two more officials and the auditor of the contract to carry out works at the Drinking Water Treatment Plant in Totoró.
For alleged omission in the process of prior consultation with indigenous communities of the municipality of Totoró, Cauca, to carry out hydraulic works, the Attorney General’s Office formulated charges to the former manager of the Caucana Public Services Company Emcaservicios SA, Yedilver Sánchez Rodríguez (2018), two more officials and the auditor of consulting contract 268-2019.
The decision involves the former technical assistant manager of Emcaservicios SAESP, Roberth Duvall Hormiga Timaná (2016-2020); to the supervisor of the aforementioned legal transaction signed to build the intake, the sand trap and the conduction line to connect the existing Drinking Water Treatment Plant in Totoró, the university professional, Jorge Enrique Manzano; and the intervener, Nelson Hernando Pantoja Trujillo.
Sánchez Rodríguez was reproached for alleged signing of the bilateral agreement, without asking the Ministry of the Interior for opinion about the origin and opportunity to carry out a prior consultation to carry out works that could directly affect the ethnic communities settled in Totoró, where the contractual object was to be developed.
The Cauca Regional Prosecutor’s Office questioned Hormiga Timaná for omitting to contemplate the figure and consultation process prior to the execution of the bilateral, in the preliminary studies and final specifications of the consulting contract, which would have put at risk the contractual execution and the fundamental rights of a population group with special protection.
For their part, those who carried out the supervision and intervention of the bilateral, the university professional, Jorge Enrique Manzano and Nelson Hernando Pantoja Trujillo, respectively, were questioned for not warning the Public Services Company of the need to carry out the prior legal consultation required when intervening in territories where ethnic communities exist.
For the control entity, those investigated were able to transgress the essential purposes of the State aimed at serving the community and guaranteeing the effectiveness of the principles, rights and duties enshrined in the Constitution. “(…) facilitating the participation of everyone in the decisions that affect them (…)”.
The alleged faults of the manager, the technical assistant manager and the supervisor were classified at this procedural stage, as serious by way of very serious fault; and that of the intervener as very serious committed with very serious fault.
The procedural subjects may present defenses and/or request or provide evidence that they consider relevant for their defense. The file will be sent to the corresponding office so that it can assume knowledge of the trial stage regarding the charges made.