Ap
The newspaper La Jornada
Tuesday, September 17, 2024, p. 26
Bogotá. The National Electoral Commission (CNE) of Colombia postponed yesterday until the 30th the decision of whether or not to open a formal investigation against President Gustavo Petro, for the possible violation of financing limits in the elections that brought him to the Executive Branch in 2022.
The electoral authority explained in a statement that it accepted a magistrate’s request to study the case regarding the presidential campaign in depth and also requested adjustments to a recusal (a claim to prevent magistrates from hearing the case due to possible impediments), which according to the agency was not done correctly. The next discussion will be on the 30th, when the CNE makes a decision..
The commission is made up of 10 judges, elected by Congress, representing political parties, of which at least two of the judges are from the president’s political party. In order to open the investigation or close the case, six of them must vote in the same direction.
The eventual inquiry sparked a political and legal debate in the country about whether the commission is competent to open an investigation that also involves Petro, despite the fact that as president he has special jurisdiction under which only the Investigation and Accusation Commission of the House of Representatives should deal with it.
The Council of State defined that the president’s immunity does not exclude him from being investigated by another body such as the Council, which can only impose monetary sanctions, but clarified that it is up to Congress to investigate and, in such case, to conduct an impeachment trial.
They defend jurisdiction
The president’s lawyer, Héctor Carvajal, told Blu Radio yesterday that he had already filed an appeal with the Council of State to correct its decision and clarify that the president’s immunity is comprehensive, so he could not be investigated by the Council. The possible investigation would have administrative implications and, if irregularities were proven, fines would be imposed against those who managed the electoral campaign, such as the manager, the auditor or the treasurer.
