Gustavo Petro tries to appease the controversy for claiming to be head of the Prosecutor’s Office

First modification: 05/07/2023 – 00:02

The Colombian president, Gustavo Petro, spoke this Saturday May 6 from Portugal to justify some controversial comments.

Petro had outraged various sectors of the country after stating the day before that, as President of the Republic, he was also the chief prosecutor, Francisco Barbosa. The president ended up rectifying his statements and assured that the prosecutor, in effect, is not subordinate to any official.

“I respect and will respect the autonomy and independence of the Office of the Attorney General of the Nation and all branches of public power,” said the president in a statement published on the website of the presidency from the Portuguese capital, Lisbon, where he is visiting. official.

In the statement, Petro also addressed the Supreme Court, which accused him of misinterpreting article 115 of the Constitution and of ignoring judicial autonomy and independence.

“I accept the call of the honorable Supreme Court of Justice,” said the Colombian president. However, while he acknowledged that his comments could be misleading and agreed to correct them, he demanded an explanation from the attorney general.

The newspaper ‘La Nueva Prensa‘ was the source of the new dispute between the two men. According to the news portal, the deputy prosecutor, Daniel Hernández, was aware of a list of people who were being targeted by the illegal armed organization, the Clan del Golfo, in the Caribbean region. But the officer would not have taken any action to prevent his murder.

“As President of the Republic, I will not remain silent in the face of these very serious complaints,” added the president.

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“Serious damage is done by the Attorney General to the Prosecutor’s Office itself by remaining silent in the face of these denunciations, which if true would imply nothing more and nothing less than the complicity of its delegated prosecutor Daniel Hernández (…) in the murder due to omission of more than 200 people, including children and members of the Public Force,” he explained.

The president also took it upon himself to remember that the prosecutor’s duty is to inform the head of state about the ongoing investigations, otherwise he would be in a position of breaching his obligations not only to the head of state, but also to the Constitution.

Reactions of the Prosecutor’s Office, the Supreme Court and other instances

In response to Petro, the prosecutor replied that no one can overwhelm the Colombian justice system. The official also announced that he will go to the Inter-American Commission on Human Rights to demand protection for him, his relatives and the workers of the institution he presides over, so that they do not “murder them.” The official assured that his safety was in danger after the controversy.

Petro’s comments on Friday had come to add to a tension that had already existed for months between him and the prosecutor. Barbosa has often questioned the president’s decisions, especially those related to his “total peace” policy.

But in addition to the Prosecutor’s Office and the Supreme Court, other voices were also heard to denounce the president’s statements. Rodrigo Uprimny, a researcher for the DeJusticia organization and a professor at the National University, told the EFE press agency that it is “absurd”, from a constitutional point of view, for the president to make a shortcut so quickly, alleging that to be head of State is also head of the Prosecutor’s Office.

“Unlike other countries like the United States in which the prosecutor (…) is subordinate to the president, in Colombia the attorney general is independent, since he is part of the judicial branch. So he does not have a boss,” said the jurist. Uprimny also assured that the prosecutor had been quick to describe Petro as a “dictator”. An “unacceptable” reaction, according to the researcher.

Another voice that has spoken out on the case is that of Juan Pappier, regional director of Human Rights Watch. Pappier noted that the human rights organization considers Petro’s statements on the separation of powers “worrying.”

“These statements by President Petro are worrisome. According to the Political Constitution of (year) 91, the Prosecutor’s Office is part of the judicial branch and therefore independent of the Executive,” Pappier said on Twitter, adding that “the growing tensions between the prosecutor and the president, motivated by irresponsible attitudes on both sides, put the country in a worrisome institutional situation”.

Another political leader who made his position known is Petro’s predecessor, Iván Duque, who pointed out on Twitter that: “Being head of state does not mean being emperor and trying to submit the independence of powers and control organizations.” “The Prosecutor’s Office is not subject to the whims of any ruler. Pretending to do so is breaking the Constitution,” said the former president.

With EFE and local media