31. To take part in the pre-contractual stage or in the contractual activity, to the detriment of
the public wealth, or disregarding the principles that regulate State contracting and the
administrative function contemplated in the Constitution and in the law.
37. To proffer administrative acts outside the compliance with the duty, in breach of the
constitutional or legal provisions related to the protection of the ethnic and cultural diversity
of the Nation, of the natural resources and of the environment, originating a serious risk for
the ethnic groups, the indigenous peoples, human health or the preservation of natural
ecosystems or the environment.
60. To exercise the powers that his / her employment or function grant for an ultimate end
other than the one established in the granting provision.
45.
Article 66 of the same instrument states that “[t]he disciplinary procedure established in this
law must be applied by the respective internal disciplinary control offices, District and Municipal Attorneys,
the disciplinary jurisdiction and the Office of the Attorney General of the Nation.”
46.
Article 162 states the following in relation to the disciplinary procedure when it is applied by
the Office of the Attorney General of the Republic: “Appropriateness of the decision to press charges. The trial
officer will formulate a statement of charges when the offense is objectively proven and there is evidence that
compromises the liability of the investigated. No remedies can be filed against this decision.”
47.
In relation to the remedies, the referenced legal framework states the following:
Article 110 — Classes of remedies and their formalities. Against disciplinary decisions it is
possible to lodge the legal remedies of reversal petition, appeal and complaint, which will be
filed in writing unless express provision to the contrary. Paragraph. Against decisions that
are merely procedural, no legal remedy can be filed.
Article 113 — Reversal Petition. The reversal petition will only proceed against the decision
made regarding nullification and the refusal of a request for copies or evidence to the
investigated person or to his / her attorney, and against the single instance ruling.
3.
48.
Law 1437 of 2011
Law 1437 of 2011 states the following:
Article 137. Nullification. Every person may request by themselves, or through a
representative, a declaration of nullification of administrative acts of general character. It
will proceed when these have been issued with an infringement of the norms whereupon
these shall be based, or without competence, or irregularly, or with ignorance of the right to
hearing and counsel, or through false motivation, or with a deviation of the powers of the
person who issued these (…)
Article 138. Nullification and restoration of rights. Every person who believes they were
injured in a subjective right based on a legal norm, may request a declaration of nullification
of the specific administrative act, express or alleged, and the restoration of rights; also, he /
she may request reparations for the damage. Nullification shall proceed for the same causes
provided in section two of the previous article. (…)
C.
Background of the first disciplinary proceeding
1.
Constitutional Court Decision T-724 of 2003
8