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The Attorney General’s Office may sanction but not remove popularly elected officials

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The Attorney General’s Office may sanction but not remove popularly elected officials

The Constitutional Court specified “that the disciplinary functions exercised by the Attorney General’s Office are administrative and not jurisdictional in nature.

The Court reversed the judicial powers that had been granted by Law 2094 of 2021 to the Prosecutor’s Office, which from now on the Prosecutor’s Office may sanction popularly elected officials but may not have the functions of a judge.

“The Constitutional Court specifies that the determination of the sanctions of dismissal, suspension and incapacity for publicly elected officials, will finally correspond to the contentious-administrative judge, after exhausting the procedure in charge of the PGN, since the judicial functions are contrary to the Constitution assigned to it by Law 2094 of 2021,” the statement said.

The president is pronounced

“As we have defended, the Attorney General’s Office, because it is an administrative authority, it cannot take away political rights, as prohibited by article 23 of the American Convention, which is part of the Constitution. It is a pity that the Constitutional Court restricts this prohibition only to elected officials,” said President Petro .

The president added that no person’s political rights can be taken away except by a criminal judge’s sentence: “This, which is Article 23 of the American Convention, must be complied with by the Colombian State. We will present a bill in this regard, hopefully in consensus with the current attorney general’s office.”

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