An electoral annulment claim, presented by a constitutional lawyer graduated from a university in Tunjaended up knocking down this Friday the mayor in charge of Medellín, Juan Camilo Restrepo.
The Administrative Court of Antioquia agreed with the arguments of the lawyer Ricardo Andrés Rodríguez Novoa and granted the precautionary measure that suspended Restrepo’s appointment.
The key point of Rodríguez’s request was that the decree that appointed Restrepo violates Law 1617 of 2013, which establishes that “in all cases in which it corresponds to the president to appoint the replacement of the mayor, must choose a citizen who belongs to the same party or political movement of the holder”.
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The suspended mayor, Daniel Quintero Calle, belongs to the Independientes political movement and therefore, in consideration of the Chamber, the mayor in charge should be from the same movement.
We spoke with Rodríguez Novoa about the lawsuit that further stirred the political waters in Medellín.
Who is the lawyer who demanded the appointment of Juan Camilo Restrepo as mayor in charge of Medellín?
“I am an expert in constitutional law, dedicated to electoral issues, I also work with the defense of people before the State. I do not work with civil or criminal matters. I am a litigant, graduated from the Universidad Santo Tomás de Tunja. I was a national competitive debate champion, I had the honor of representing the country. I do not want it to be understood that what I am doing has a partisan or political purpose, I want the law to be respected. My political party is the defense of the legal system”.
What is the purpose of the annulment claim you filed?
“Basically it was to achieve that defense of the law, unfortunately it had to go to court for it to be effective. The delegate minister, with presidential functions, broke the law. Not only can it not be done by the president but by any public servant, even more so by the heads of the National Government. Fortunately, the Administrative Court considered that there was indeed a disregard of the law that required an urgent measure. It is not the sentence of the process, just a first decision with immediate effects was made. The person who comes to replace Juan Camilo Restrepo must be from the political movement of Daniel Quintero Calle, otherwise this disregard of the law will continue to be presented.
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Do you have any links with political parties?
“No connection. I have not had any contact with the Medellín mayor’s office, nor with the Governor’s Office, nor with the Secretary of Government, nor the mayor in charge, nor with Mayor Daniel Quintero. I have no political or family relationship with anyone involved, nor am I a member of a party.
So how does a lawyer from Tunja end up knocking down a mayor from Medellin?
“The wonders of virtuality. This merit is not from a lawyer. Obviously I put forward some arguments that convinced the Court, but it could have been presented by anyone regardless of the department. We have to put aside the idea that the defense of the law is only for those who are being affected. Someone from Medellín could monitor the appointment of a person in Tunja because the law is for everyone in the country, it is a national interest.”
What are the effects of the precautionary measure decreed?
“The decision has immediate effects. Article 302 of Law 1534 of 2012 does establish that the execution of the orders is until when the resources against them are defined. In addition, three days have to pass for the decision to be executed. Here the issue is not whether the decision is enforceable or not, it is whether the decision must be fulfilled or not. The Council of State in 2016 determined that in the case of the means of control of electoral nullity, the decision of provisional suspension of administrative acts had to be carried out immediately from the moment of notification. In this case, the decision was notified personally at 9:09 am according to the file. If he acts as mayor without being one, he would be illegally holding office because he is no longer mayor in charge, he would have disciplinary consequences.”
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