general disqualification for the same period “in accordance with the grading criteria contained in Article 47 of Law 734 of 2002” and taking into consideration the previous elements “that make part of the consideration of proportionality and reasonableness, taking as reference a minimum and maximum term to impose the sanction, under the terms of Article 46 of Law 734 of 2002, which prevents it from being less than 30 days and 66 not more than 12 months.” 4. 107. following: Adoption of Law 1864 of 2017 On August 17, the Congress of Colombia adopted Law 1864 that provides in article 5, the Article 389 A. Illicit election of candidates. He/she who is elected for a position by popular vote while being disqualified from performing that position by a judicial, disciplinary, or fiscal decision shall be punishable by imprisonment for four (4) to nine (9) years and a fine from two hundred (200) to eight hundred (800) minimum legal salaries in force.67 108. The Commission highlights that throughout the two disciplinary proceedings that imposed disqualifications, the alleged victim argued that the Inspector General of the Nation did not have the power to disqualify popularly elected officials, in accordance with Article 23 of the American Convention. Nonetheless, his arguments were dismissed, on the basis that the Constitutional Court has previously ruled that the power to disqualify was constitutional, taking into account national and international standards. F. About the third proceeding for fiscal responsibility 109. According to public information, on July 23, 2012, the Mayor of Bogota issued Decree 356 establishing “the fare of the service of massive urban transportation of passengers of the Transmillennium System and the zoning component of the Integrated System of Public Transportation (SITP), in the Capital 68 69 District.” Said Decree reduced the amount of the fares collected by Transmillennium. 110. On June 27, 2016, the Director of Fiscal Responsibility and Co-active Jurisdiction of the Comptroller’s Office of Bogota D.C. (Directora de Responsabilidad Fiscal y Jurisdicción Coactiva de la Contraloria de Bogotá D.C.) issued Order 01, declaring Gustavo Francisco Petro Urrego’s fiscal responsibility for the 70 reduction in fares received by the Transmilenio S.A., transportation company. 111. On July 15 and 16, counsel for the alleged victim filed a series of nullification requests against Order 01, all of which were dismissed on July 25, 2016. The alleged victim filed another nullification request on July 27, 2016, and this was dismissed on August 3, 2016. He also filed appeals for reconsideration against these decisions, which were dismissed on October 27, 2016. Finally, he appealed. 112. On November 29, 2016, the Comptroller of Bogota ruled against the appeals filed by the alleged victim and decided “TO CONFIRM in all its parts, the judgement of Fiscal responsibility No. 01 of June 71 27, 2016, in accordance with the elements presented in the consideranda” Said decision stated that “it is fully demonstrated that the generalized reduction in the fares resulted in a detriment to the patrimony in the 66 Annex 3. Final Judgement of the Sole-Instance Disciplinary Chamber of the Office of the Nation’s Inspector General, June 27, 2016. Annex 3 to the additional observations from the petitioners on the merits of March 9, 2017, p.78. 67 Congress of the Republic of Colombia, Law 1864 of August 17, 2017. 68 Decree Law 356- 2012 issued by the Mayor of Bogotá, D.C. 69 Decree Law 356- 2012 issued by the Mayor of Bogotá, D.C. 70 Annex 4. Comptroller of Bogotá D.C, Order No. 4501 of November 29, 2016, p.1. 71 Annex 4. Order No. 4501 of November 29, 2016. Annex to the communication from the petitioners of March 13, 2017. 20