The Civil Cassation Chamber of the Supreme Court of Justice revoked the sanction of 5 days of arrest against Mayor William Dau Chamat, ordered by the Ninth Civil Court of the Circuit for the alleged breach of the relocation of the Zenú Indigenous Council, and protected the right to due process of the local president.
The office nullified the incident of contempt promoted by Casam Inversiones SAS and the order through which the Ninth Civil Court opened the incidental procedure.
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Sanction the Mayor without analyzing
arguments put forward by the administration
The Civil Cassation Chamber of the Supreme Court of Justice notes that the Ninth Civil Court proceeded to sanction the Mayor without analyzing the arguments presented by the administration and the particular circumstances of the case in question.
The ruling indicates that “It is evident that the summoned judicial authorities incurred an outrage that merits the interference of this guardianship judge, since in an attempt to dispatch the incident in question they decided to sanction the plaintiff here, as Mayor of Cartagena , without ruling on the allegations brought by the territorial entity from the very moment it learned of the initiation of that action.
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The Civil Cassation Chamber of the Court also highlights that, although the guardianship gave 5 months to carry out the procedures for the transfer, the District managed to demonstrate that the mayor is not the only one responsible for the materialization of the ruling, however, the court was silent about it.
“Therefore, the improper foundation of the incidental procedure is palpable, while the summoned judges deprived themselves of linking the persons indicated by the previously requested and, provided this, of thoroughly analyzing their objections, refusing to examine that particular circumstance, which, by the way, if fully justified, would be enough to free the accused from subjective responsibility, totally or partially; from where, in truth, it was omitted to establish the true subjective responsibility in the alleged non-compliance with the guardianship sentence in question, ”indicates the Court’s ruling.
It is not legal for the District
buy the property
For this reason, the Supreme Court gives the Court 48 hours to issue a new decision, this time fully attending to all the considerations of the case.
It is noteworthy that since the administration of Salvemos Juntos a Cartagena, all the necessary steps have been taken to comply with the relocation of the Zenú Indigenous Council, however, it has not been made effective since, despite the fact that in 2021 the District Council granted the powers to the Mayor to make the transfer, one of the conditions was to have an appraisal of the property, which was contracted with the IGAC; however, the appraisal process carried out by the aforementioned entity was not completed before the term expired and the powers granted expired.
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In this sense, it is up to the administration to once again request the powers to continue with the necessary procedures for the acquisition of the property to which the Zenú Indigenous Council will be transferred, once the sessions of the District Council begin on March 1, 2022. Before the date, it is not legally possible for the District to purchase the property.
Cartagena
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