REPRESENTATIVE REQUESTS RESPONSE TO DR. Alejandro Ordoñez Maldonado, RELATING TO DECISIONS BY THE ATTORNEY IVAN CEPEDA
Bogotá DC, March 4, 2011. Doctor
Friday, March 4, 2011
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Ordóñez Alejandro Maldonado
Attorney General's Office City
Ref: Right to petition.
Mr. Attorney:
In a letter on 1 March 2011th member of the Ethics Committee of the Polo Democrático Alternativo, I noted my concern about the turn could be taking more of the research and decisions by his office. Within these processes has expressed growing concern over his statements or actions that would demonstrate his open inclination to prejudge, to that without knowing the arguments defense of the accused or the content of the files you transmit to the public the feeling that they have taken decisions. It has also caused concern in his conduct some warn the trend to expand the role of disciplinary control and take to the field of criminal trial. 
Such debates have arisen, for example, in the case of former Senator Piedad Córdoba, Senator Jorge Enrique Robledo, the former comptroller of Bogota Miguel Angel Moralesrussi, former representative Germain Olano, and Senator Iván Moreno Rojas . Qualified lawyers have stated his opinion on these situations through opinion columns in newspapers national. Yesid criminal lawyer Alvarado Reyes said in the newspaper El Espectador: "In recent days the country has continued the hearing that is underway in the Office of the so-called carousel recruitment in Bogotá. As we perceive is being processed by officials about the commission of serious crimes, one must ask if the Attorney the body responsible for investigating and punishing them, or whether to allow the prosecution to deal with it. Allow the two entities are ordered separately who runs a behavior contrary to the criminal law is to violate Article 29 of the Constitution, which prohibits trying a person twice for the same done. Faced with this criticism is usually respond that the essence of disciplinary activity is different to the criminal and the type of sanctions to be imposed is different. However, the constitutional ban permits no exception or by the nature of the proceedings or for the quality of the sentence, except for review actions, no one can be tried twice for the same conduct. "
In the same vein, in his column for the newspaper El Espectador, Prof. Rodolfo Arango said: "However well intentioned the disciplinary action against public corruption and in defense of administrative morality, dismissal based on the alleged commission of crimes part of the sanctioned know the rule of law and fundamental rights of the accused. The only competent authorities to establish whether Germain Olano, Miguel Angel Moreno brothers Moralesrussi or committed crimes, that is the basis for disciplinary action, judges of the Republic, following the investigation and prosecution of the Attorney General's Office. This is not a mere formality. What is at stake is the existence of the rule of law. "
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While there is no immunity for any public officer, the authorities of the supervisory bodies are on duty to ensure the presumption of innocence and due process. Lord
Attorney:
Because of the deep concerns regarding the form and content of decisions made by his office in the processes mentioned above, and in exercise of my function of political control, I would respectfully ask you to supply answer following questions:
1. What legal basis, constitutional and legal, have provided support to consider certain criminal conduct, which have not been judicially established as grounds for disciplinary offenses that motivate the investigation or punishment of public servants referred to in this right of petition ?
2. What current standing of the officials being investigated or sanctioned by his office in the event that subsequent to its decision, a court's exoneration of criminal responsibility for crimes for which you derive the disciplinary? If so, in what situation would the role of disciplinary control exercised in the cases mentioned in this paper?
Sincerely,
Iván Cepeda Castro
House Representative
PS. Receive a response in the Carrera 7 No. 8-68, Office 416.
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