Photo taken from Defensoria.gov
New Attorney General and Ombudsman
In a somewhat uncertain context, marked by the COVID-19 pandemic, elections for two decisive public offices in Colombia must be held.
The Attorney General's Office is an autonomous oversight body responsible for investigating, sanctioning, intervening in, and preventing irregularities committed by government officials, public servants, private individuals performing public functions, and national government agencies. In theory, it is defined as the directing body of the Public Ministry and is in charge of guaranteeing the collective rights of citizens.
In turn, the Ombudsman's Office of Colombia is an autonomous constitutional body created by the Political Constitution of 1991, whose purpose is to «ensure the promotion, exercise, and dissemination of human rights within the social and democratic rule of law, which is participatory and pluralistic, as well as the dissemination and promotion of International Humanitarian Law.”.
Specialists assert that these are strategic positions for those aspiring to be future leaders of the Public Prosecutor's Office, although, in theory, they are positions independent of the State, on whose political disassociation the country's democratic structure largely depends.
In this regard, it is relevant to remember that the success of the national democratic system stems from the respect and correct application of the system of checks and balances, which is necessary for the autonomy of powers and their individual functions, far from political interests and relationships.
After the presentation of the three slates of candidates, proposed by the Council of State, the National Government, and the Supreme Court of Justice, the full Senate must choose who will be the next Attorney General of the Nation for the next four years.
Some of the names that are sounding the loudest for the position are:
On behalf of the Council of State:
- Gregorio Eljach Pacheco: actual Secretary General of the Senate. He has held his position since 2012, making him a potential elector in the upper house of Congress.
- Luis Felipe Henao He was the Minister of Housing during the government of Juan Manuel Santos. He was distinguished by his leadership in the execution of the free housing program. He is a person very close to former Vice President Germán Vargas Lleras. She was his vice-presidential running mate until she allied herself for the same position with Juan Carlos Pinzón.
- Humberto Sierra Porto: was a magistrate of the Constitutional Court and is currently a magistrate of the Inter-American Court of Human Rights.
- José Andrés O'Meara He is the current director of the National Public Procurement Agency - Colombia Compra Eficiente. He ran as a candidate for Comptroller General of the Nation and obtained the highest score in the knowledge tests and interview. He is close to the Conservative Party. He worked with Carlos Holguín Sardí in the Ministry of the Interior of Colombia.
On behalf of the national government
- Margarita Cabello: She is the current Minister of Justice and former magistrate of the Civil Chamber of the Supreme Court of Justice. She is the person most likely to be nominated by the National Government. She has experience as a Delegated Prosecutor of the Disciplinary Chamber of the Attorney General's Office, between 2009 and 2012.
From the Supreme Court of Justice:
- Enrique Gil Botero He was Minister of Justice under the government of Juan Manuel Santos and a magistrate of the Council of State. He belongs to the Conservative Party and has held positions such as arbitrator for the Chamber of Commerce of Medellín for Antioquia, professor, and member of the Inter-American Commission on Human Rights.
- Alberto Yepes Barreriro After being on the eligible list more than five times, in 2011 he was appointed Magistrate of the Fifth Section of the State Council.
- Jorge Armando Otálora: He served as Ombudsman between 2012 and 2016. He turns out to be one of the most controversial candidates, as he resigned due to an accusation of sexual harassment against a secretary.
Regarding the names being heard as candidates for the position of Ombudsman, whose position is designated by the plenary of the House of Representatives and nominated by the national government, the following stand out:
- Carmen Inés Vásquez: actual Minister of Culture. She has held positions such as Plenipotentiary Minister of the Mission of Colombia to the OAS, Vice-Minister for Participation and Equal Rights of the Ministry of the Interior, and Delegated Comptroller for the Defense, Justice, and Security Sector.
- Maria Carolina Carrillo: actual administrative director of the House of Representatives.
- Nancy Patricia Gutiérrez: former Minister of Interior for President Iván Duque and current Presidential Advisor for Human Rights and International Affairs.
- Carlos Camargo: Executive Director of the National Federation of Departments.
The President of the Republic shall present the shortlist to the House of Representatives within 15 days of the start of the legislative session, between July 23 and August 13. The election should take place in the first month of sessions, before August 21.
It is relevant to recall, given the described context, that in Colombia the well-known “I choose you, you choose me” is often reiterated. This refers to a succession of political actions where someone holding a high public office moves to work in a private company, and vice versa, or to another important public position. In this way, the official obtains benefits from their previous occupation and generates conflicts of interest between the spheres involved, for their own benefit and to the detriment of the public interest.