to which he replied “doctor Petro is leaving because he is a bad mayor, for not fulfilling his duties with great
seriousness. For conduct that squandered the public budget and must be investigated. For disregarding the
constitution that limits his functions. He placed at risk the health of the people of Bogota and of the
environment.”46
90.
On March 18, 2014, the IACHR granted precautionary measures in favor of the alleged victim
and requested that the State of Colombia “suspend immediately the effects of the decision of December 9,
2013, issued and endorsed by the Inspector General’s Office on January 13, 2014, to ensure the exercise of the
political rights of Mr. Gustavo Francisco Petro Urrego, and that he remains in office as Mayor of the city of
Bogotá D.C. during the term for which he was elected on October 30, 2011, until the Commission has made a
47
decision on individual petition P-1742-13.”
91.
On March 20, 2014, through Decree 570, the President of the Republic decreed the removal of
the Mayor of Bogota, Gustavo Francisco Petro Urrego, to comply with the Office of the Inspector General of the
48
Nation’s judgment of December 9, 2013, and designated Rafael Pardo Rueda as Mayor of Bogota.
4.
Request of nullification and reversal petition
92.
On March 31, 2014, the alleged victim filed a request for nullification and reversal before the
Administrative Court of Cundinamarca. This was in relation to the administrative decisions issued by the
Disciplinary Chamber of the Office of the Inspector General of the Nation, through which the alleged victim was
sanctioned with dismissal and general disqualification from exercising public positions and functions for
fifteen years. The request was transferred to the Chamber of the Contentious-Administrative of the State
49
Council, for reasons of competence.
93.
On April 21, 2014, the Civil Chamber of Lands Restitution, when deciding an order of
protection, suspended the dismissal and ordered the President of the Republic to annul Decree 570 of March
20, 2014, and to comply with the precautionary measures granted by the IACHR.
94.
On April 23, 2014, the President of the Republic issued Decree 797, voiding Decree 570 of
50
March 20, 2014.
95.
On May 13, 2014, the Chamber of the Contentious-Administrative of State Council, decreed
the provisional suspension of the decisions of the Disciplinary Chamber of the Office of the Inspector General
51
of the Nation of December 9, 2013, and January 13, 2014. In the decision, this Chamber of the State Council
stated:
First. DECREE the PROVISIONAL SUSPENSION of the legal effects of the following
administrative acts: 1.- Decision of sole instance issued by the Disciplinary Chamber of the
Office of the Inspector General of the Nation of December 9, 2013, imposing a dismissal and
general disqualification for 15 years on Mr. Gustavo Francisco Petro Urrego. 2.- Decision of
January 13, 2014, issued by the Disciplinary Chamber of the Office of the Inspector General of
46 Press article published at: eltiempo.com on January 15, 2014, Petro se va por mal alcalde: Ordóñez (Petro is out for being a bad
Mayor: Ordóñez.)
47 Inter-American Commission on Human Rights, Order 5/2014, Gustavo Francisco Petro Urrego (Colombia), Precautionary
Measure No. 374-13, March 18, 2014.
48
Decree Law 570 of March 20, 2014, issued by the President of the Republic Colombia.
49
State Council, Contentious Administrative Chamber, Sub-section B, Decision of May 13, 2014.
50
Decree Law 797 of April 23, 2014 issued by the President of the Republic of Colombia.
51
State Council, Contentious Administrative Chamber, Sub-section B, Decision of May 13, 2014.
17