Lawsuit history
The Council of State recalled this Friday that, according to the lawsuit, González requested a protection scheme from the Police, following a security study, which was not answered by the authorities.
That is why the former parliamentarian filed a claim for direct reparation against the State. The Administrative Court of Huila granted her claims in the first instance, considering that the authorities did not protect her.
However, the Council of State revoked the ruling by “establish that it was not proven that the accused authority had omitted the legal duty of protection.”
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He explained that the Police indicated that, while determining the risk condition that González faced, it was necessary to inform him of all his trips.
As it was not proven that the former congresswoman had alerted the authorities about the risk she was going to assume with the trip she made on the day of her kidnapping, it is understood that she failed to comply with her duty. so that the Police could assume their protection.
“In these cases, it cannot be considered that the fact that the person is exposed to risks inherent to the position he or she performs allows him or her to neglect the measures ordered, or that he or she may consider that while resolving his or her request, the risk is in the foreground. of the State, as if it were a universal guarantor of the damages that can be generated, even by the reckless behavior of the victims”, explained the failure.
Credits: EFE Agency.