The Attorney General’s Office will file charges against the former Minister of Transportation, Cecilia Elvira Álvarez Correa-Glen, who would have participated in the procedures for the Ocaña – Gamarra addendum to the ‘Ruta del Sol II’, favoring personal interests and favoring the contractor consortium.
Between September 2012 and August 2014, it is appointed to endorse the execution of contracts, which added to the road project the construction of the Ocaña (Norte de Santander) – Gamarra (Cesar) section.
Possible undue favoring of Odebrecht and the fluvial terminal on the Magdalena River
In order to comply with several clauses contained in the additions and guarantee more sources of financing for the concessionaire, of which Odebrecht was a part, the then minister issued a resolution on July 22, 2014, which allowed the concessionaire ‘Ruta del Sol’ to install two new toll stations and increase the charge in another five that were in operation.
The evidence indicates that the additions and other actions were made without technical studies to support them, and without prior authorization from the Higher Council for Fiscal Policy (CONFIS) and the National Council for Economic and Social Policy (CONPES), as required. the law. Additionally, it is proven that the Ocaña – Gamarra section would have no relationship with the main purpose of the ‘Ruta del Sol II’ contract and had to be processed through a new contracting process by public bidding.
The Prosecutor’s Office determined that, in order to try to correct these irregularities, the former minister asked to summon CONPES as a matter of priority to declare the Ruta del Sol highway strategic importance and modify the investment plan.
With her actions, the former official, apparently, favored the concessionaire ‘Ruta del Sol’ and benefited a fluvial project on the Magdalena River that planned to put into operation a terminal in Gamarra (Cesar), with the understanding that she guaranteed a route The main access point would be the Ocaña – Gamarra route, added to the ‘Ruta del Sol II’.
According to the investigation, the particular interest in the case that prevented Mrs. Álvarez Correa – Glen from participating in the addition of the Ocaña – Gamarra section is evident, since before assuming the Ministry of Transportation she was part of the board of directors of several related companies to the construction of the aforementioned port project with a multimodal approach, where they had family economic interests of their partner.
For all of the above, a prosecutor delegated before the Supreme Court of Justice will charge former minister Cecilia Elvira Álvarez Correa-Glen with the crime of undue interest in the execution of contracts. The procedure will be carried out before a magistrate of the Superior Court of Bogotá, with the function of guarantee control.
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The Prosecutor’s Office closed the investigation that was being followed against the former Minister of Education, Gina María Parody D’echeona, as possible responsible for the crimes of undue interest in the conclusion of contracts and contracts without compliance with legal requirements.
A group of citizens denounced the former official on the assumption that she engaged in illegal conduct by participating in CONPES that modified the investment plan for the ‘Ruta del Sol’ and allowed the addition of the construction of the Ocaña – Gamarra section. The complainants indicated that, with this intervention, the former official favored the fluvial project on the Magdalena River promoted by her relatives and allowed her to have a main access road.
When assessing the evidence, a prosecutor delegated to the Supreme Court of Justice did not find the crime of contract without compliance with legal requirements configured, in the understanding that the former minister did not participate in the processing and execution of the questioned addendum. In the same way, he ruled out the crime of illicit interest in the execution of contracts, since the position she held had no relation to the contractual object.
It is pointed out that, from the exclusive participation in CONPES that highlighted the strategic importance of the ‘Ruta del Sol II’ road project, criminal commitment cannot be attributed to him because his public functions did not imply knowledge of the specific project or the interests of his relatives.
Finally, the Prosecutor’s Office has not found evidence to show that former minister Parody D’echeona contributed to the possible illegal act of her partner in the commission of conduct against the public administration.