member of the District of Bogota, a representative of Bogota, and the Ombudsman, all in relation to Bogota’s
sanitation system. In response, the Office of the Inspector General of the Nation initiated a disciplinary
investigation.
1.
Disciplinary Charges
61.
On June 20, 2013, the Disciplinary Chamber of the Office of the Inspector General of the
Nation brought charges against the alleged victim and stated that he may have committed serious offenses
under subsections 31, 37 and 60 of Article 47 of the Single Disciplinary Code in relation to three separate acts.
62.
The first charge was based on the signature of the inter-administrative contract 017 of
October 11, 2012 by the Special Administrative Unit of Public Services (UAESP) with the Water and Sewers
Company of Bogota (EAAB), “without the company having the minimum experience and required capacity.”
Likewise, because said contract meant that the EAAB signed a contract with the company Aguas de Bogota
(S.A.E.S.P) on December 4, 2012, “without the company having the minimum experience and required
capacity.”
63.
The second charge was made for “issuing Decree 564 of December 10, 2012, through which a
scheme for the provision of public sanitation services for the city of Bogota was adopted, which was totally
contrary to the legal system, and which violated the constitutional principle of freedom of enterprise,
preventing companies, other than entities of the District of Bogota, to provide, under equal conditions, the
sanitation services in the capital city, from December 18, 2012.”
64.
The third charge was made for “having issued Decree 570 of December 14, 2012, by which
the use of dump trucks was authorized, to guarantee continuity in sanitation services as a precautionary
measure and to minimize the eventual environmental and sanitary impacts, because said authorization
violated constitutional and legal dispositions in relation to the protection of the environment, which created a
14
grave risk for the health of the inhabitants of the city of Bogota and for the environment.”
65.
The record of the disciplinary proceeding registers that a report was submitted by the District
Secretariat of Environment of Bogota (Secretaría Distrital de Ambiente de Bogotá). It was entitled
“Environmental Monitoring and Control,” concerned the situation of solid waste in Bogota in December 2012,
and concluded the following:
-
There was a visual impact due to the non-collection of waste.
There was a persistent bad smell in some areas of the city.
In relation to disease vectors, impact on drainage, and the impact on the EEP (Main Ecological
Structures), no environmental impacts were caused, rather, these were potential threats.
Street sweeping and cleaning. No environmental impacts were caused, rather, these were
potential threats.
Transport. No environmental impacts were caused, rather, these were potential threats.15
66.
The report’s author, Julio Cesar Pulido, declared during the trial that “he did not have the
methodology to measure magnitude, and that there was no technical basis to determine those environmental
16
impacts.”
14 Annex 1. Final Judgement of the Sole-Instance Disciplinary Chamber of the Office of the Nation’s Inspector General, December
9, 2013. Annex 1 to the additional observations from the petitioners on the merits of March 9, 2017.
15 Annex 2. Decision on the petition seeking reversal of the Disciplinary Chamber of the Office of the Nation’s Inspector General,
of January 13, 2014, p.158. Annex 2 to the additional observations from the petitioners on the merits of March 9, 2017.
16 Annex 2. Decision on the petition seeking reversal of the Disciplinary Chamber of the Office of the Nation’s Inspector General,
of January 13, 2014, p.161. Annex 2 to the additional observations from the petitioners on the merits of March 9, 2017. He also stated that
“1. Vectors were not developed: vectors, such as flies, were not detected as having developed. In a city with the conditions of Bogotá, with
temperatures usually below 18C, it is required between 23 to 41 days of waste processes and decomposition to have elapsed so that an
egg is produced, gone into larval stages and became a fly. There was no trash on the streets for so long, as the timeframes were less than
that and the climate conditions were not present for them to develop in 3 days. There was no evidence detected with regards to the
11