55. On December 10, 2012, the Mayor of Bogota issued Decree 564, which outlined the rules of the provision of the public sanitation services in the city. 56. In pertinent part, said Decree provided the following: Article 6. Compliance with the power to supervise, coordinate and control of sanitation services. In accordance with Article 116 of the District Agreement 257 of November 30, 2006, for a public or private individual to provide, in the City of Bogota Capital District, public sanitation services, shall accredit before the Special Administrative Unit of Public Services [Unidad Administrativa Especial de Servicios Públicos – UAESP] the requirements provided by law and sign with said Unit, or the Water and Sewers Company of Bogota E.S.PEAAB, a contract that details the scope of their obligations and, particularly, how the activities of supervision, coordination, and control of the service in charge of the Special Administrative Unit of Public Services UAESP will be fulfilled. Article 9. Access to the Landfill. The access and dumping of solid waste in the Doña Juana Landfill, owned by the Capital District, is conditioned on the prior signing of a contract for access to the public sanitation service in the complementary activity of final dumping, with the operator contracted for this purpose, with prior authorization of the Special Administrative Unit of Public Services UAESP, under the terms provided in National Decree 11 838 of 2005. 4. Issuance of Decree 570 of December 2012 57. On December 14, 2012, the Office of the Mayor of Bogota declared a state of prevention or yellow alert for a period of 4 months in the entire Capital District, taking into consideration, inter alia, the following: 1) by November 30, 2012, the UAESP identified 636 critical locations in the city, i.e. public spaces affected by the temporary or permanent presence of solid waste that could affect the environment; 2) on December 12, 2012, “in some areas of the Capital District, there were delays in the collection of solid waste by some providers of sanitation services contracted by UAESP”; and 3) considering that in the adaptation to the new scheme potential risk situations may arise.” 58. Likewise, and by virtue of the above, the Decree issued by the Mayor authorized “the use of dump trucks, with the objective of guaranteeing the continuity of public sanitation services, and, as a 12 precautionary measure, to minimize eventual environmental and sanitary impacts.” 5. The crisis in Bogota 59. According to the information provided by the parties as well as public information, on December 18, 19, and 20, 2012, there was a crisis in Bogota due to a lack of trash collection during the transition between the public and private schemes. According to the petitioners, the crisis occurred because prior service providers refused to return trash-compacting vehicles and other equipment that they were 13 required to return under the terms of their contracts. For its part, the State stated that the crisis came about because of the actions of the alleged victim. D. About of the first disciplinary proceeding 60. According to the casefile, in 2013, the Office of the Inspector General of the Nation received complaints against the alleged victim by the General Secretary of the Regional Worker’s Federation, a council 11 Decree Law 564 of December 10, 2012, issued by the Mayor of Bogota, District Capital. 12 Decree Law 570 of December 14, 2012, issued by the Mayor of Bogota, District Capital. 13 Petition of October 23, 2013. 10

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