The Council of State is preparing to make a decisive decision for the operation of the National Universitythe most important public university in the country. Magistrates of the Fifth Section deliberate on the possible provisional suspension of the rector Leopoldo Múnera, elected on June 6 in an extraordinary session of the Superior University Council -CSU- that “corrected the irregularities” of the election that had been made days before of José Ismael Peña as rector.
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Specifically, the delegate attorney Idayris Carrillo asked the Council of State to suspend Leopoldo Múnera, warning that the election he enjoys “full validity” and of “presumption of legality“It is that of José Ismael Peña, elected on March 21. Peña, who took office in a notary’s office, left the rectorship on the same day that the CSU elected Leopoldo Múnera.
EL TIEMPO learned of the statement that Rector Múnera sent to State Councilor Omar Joaquín Barreto defending his election and opposing his suspension – a document that he submitted through his lawyer Alberto Yepes.
First of all, Rector Múnera questions the validity of the election of José Ismael Peña, alleging that the former Minister of Education, Aurora Vergara, never signed the minutes confirming the election and that the Higher University Council certified that the administrative act of said process never occurred.
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“The facts and omissions stated in your complaint refer in all to the alleged and eventual election of José Ismael Peña Reyes to the position of rector, supposedly made by the Superior University Council on March 21, 2024 (Resolution 046 of 2024 without the signature of the Minister of National Education).“, says Múnera’s writing.
“The same Secretary of the University Superior Council, Mrs. Amanda Lucía Mora Martínez, in response to the requirements ordered by the Counselors Pedro Pablo Vanegas Gil and Luis Alberto Álvarez Parra (…) respectively, declares and certifies that: “Resolution 046 of 2024 was not issued”“, adds Múnera through his lawyer Alberto Yepes.
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The rector Múnera also assures that his election as the university’s top leader does not violate any of Peña’s fundamental rights.. “The argument put forward is limited to defending Mr. José Ismael Peña Reyes’ right to be elected and to claiming his supposed fundamental rights in a clearly inappropriate manner through this electoral nullity action.“, adds Múnera.
José Ismael Peña, rector who was elected for the National University.
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The University Superior Council opposes the suspension of Leopoldo Múnera
The CSU, a collegiate body that first elected José Ismael Peña and then Leopoldo Múnera, in a session in which it corrected the “irregularities“which he had incurred with the appointment of Peña, he asked Councilor Barreto not to suspend Múnera.
The CSU, which elected Peña in March, says that the decision had no legal effect.. “The irregularity found refers to the fact that in the administrative action of the appointment of the Rector, it was possible to see that it was affected by violations of essential principles of the Political Charter (due process, university autonomy, democratic participation and equality, articles 29, 69, 40 and 13 of the Political Constitution) and, therefore, it did not conclude with the signing of the Minutes of the session or with the signing of the act of appointment, in such a way that they could not produce legal effects and, consequently, the alleged appointment of Professor José Ismael Peña as Rector did not produce legal effects.“, adds the CSU.
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“It is not a question of Mr. José Ismael Peña Reyes’ ignorance of the fundamental right to be elected, nor has he been caused irreparable harm. Simply, the actions for the appointment of March 21, 2024 did not produce legal effects due to the irregularities found.“, the CSU added.
The Council concluded by saying that There are currently several lawsuits before the Council of State against Peña. One of them was filed by the rector Leopoldo Múnera.
Múnera is suing Peña and Peña is suing Múnera through his lawyer
The curious thing about the lawsuits being reviewed by the Council of State for the controversy over the elections of Peña and Múnera is that both are sued through their representatives. On the one hand, Múnera asked to annul Peña’s election and his lawyer Yepes also appears as a plaintiff. At the time they filed the lawsuit, they did not question the existence of their act of election.
And, on the other hand, Peña’s lawyer, Augusto Hernández Becerra, demanded the election of Leopoldo Múnera.
Councillor Omar Joaquín Barreto will have to decide whether or not to accept the provisional suspension which was raised by the plaintiff in this case against Múnera and which was supported by the Attorney General’s Office.
Ana Maria Cuesta
Justice editor at EL TIEMPO
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