The Attorney General’s Office I make the decision to disqualify from holding public office the former Minister of Foreign Affairs, Álvaro Leyvafor 10 years, as a result of irregularities in the bidding process for the award of the issuance of passports.
Although he attorney speaker, Ernesto Espinosahad assured that he was going to announce this ruling last August, this formally materialized only this November 12, from the headquarters of the Public Ministry in Bogotá, and without the presence of the former chancellor, who arrived at the building, but He did not attend the appointment.
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Details of the sentence
The presenting attorney began the hearing by reading the ruling by indicating that the case was resolved with only two attorneys from the Disciplinary Judgment Chamberof which he is a member. Then, he went on to explain what the postponements and procedures surrounding the passport tender were like in 2023.
This is how he recalled that the committee in charge of this process suggested that it be awarded to the Temporary Union Passports 2023made up of Thomas Greg. However, they saw several determinations, among them, the brake on the bidding and the manifest urgency for 12 months.
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Chancellery
Regarding the disciplinary process, Espinosa indicated that the accusation was precise, since it was specified which were the violations of time, manner and place that Álvaro Leyva incurred. Given the legal problems addressed in this file, The delegate recalled that for the Public Ministry, the then chancellor declared the tender void, without having the technical budgets to carry it out.
At the time, regarding this last point, Leyva’s defense said that his “obligation was to be a guarantor of the rights of those who wanted to be part of the bidding process“, adding that “President Gustavo Petro draws attention because only one company delivers passports (…) He opened my eyes and made me realize what was happening. The President was right”.
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For the room of which Attorney Espinosa is part, after a review “Minister Álvaro Leyva’s responsibility was to award the contract to the bidder who complied“. This refers to Thomas Greg & Sons, a bidding company that managed to beat 10 other bidding companies..
Hearing against former Foreign Minister Álvaro Leyva
Another of the phrases that stood out from the delegate is that if it was so clear to the former chancellor that the rules were ready to favor a specific company, “This room wonders what those conditions were that, according to him, only the Temporary Union Passports 2023 could meet.“. In other words, Those points were not mentioned in the resolution issued by the Ministry of Foreign Affairs to stop this contest..
Additionally, the observations presented in the call by other companies interested in the contract, such as Chain SAwere examined by the evaluation committee. “Likewise, the observations made by the attorney delegate for preventive surveillance were attended to by the general secretary (José Antonio Salazar)“said Espinosa.
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For the Attorney General’s Office, in the disciplinary field the decision by the Prosecutor’s Office to file a complaint from last year against Leyva cannot be taken as a weighty object.in which it was determined that there were no violations of the Penal Code due to what was done with the passports.
Yefferson Dueñas, lawyer of Álvaro Leyva
In closing, after the five legal problems analyzed, which constitute a very serious offense, since it participated in the pre-contractual stage without knowledge of those three principles. In the middle of the hearings, This application was never defeated by lawyer Yefferson Dueñas and his teamwho maintained that his client acted under what the law dictates.
However, when referring to the second charge – manifest urgency -, the Attorney General’s Office determined that the former chancellor did not act outside the law, and that, even, that event was derived from the brake on the bidding, so he cannot be judged. for the same thing twice. “In this order of ideas, the court determines that the second charge, although typically illicit, is not probable“, read the attorney speaker.
PORTFOLIO
*With information from EL TIEMPO – JUSTICIA
