Supreme Court revoked arrest against Mayor of Cartagena William Dau - Other Cities - Colombia

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.

(Also: Martín Elías’s driver is convicted of the artist’s death)

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.

(Also: He docked in Cartagena with a spy gun from the First World War)

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.

(You may be interested in: They denounce that a teacher kicked a dog in front of her students)

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

More news in Colombia

Eln set fire to three trucks in Pailitas, Cesar

Daniel Quintero requested precautionary measures before the IACHR for threats

Five days of arrest for William Dau, mayor of Cartagena - Other Cities - Colombia

The Ninth Civil Court of the Cartagena de Indias Circuit imposed a five-day arrest against Mayor William Jorge Dau Chamat for not complying with the relocation order of the Cabildo Indígena Zenú, located in the village of Membrillal.

(Also: Eln armed strike: explosion on the Bogotá-Bucaramanga highway leaves 5 injured)

The judicial decision is the response to an incident of contempt presented by CASAM Inversiones SAS.

“In order to comply with the arrest sanction, the victim may voluntarily present himself before the General Command of the National Police of Cartagena and, if police intervention is necessary, his constitutional guarantees must be respected, understanding -in addition- that it is not of the capture enshrined in article 297 of the Criminal Procedure Code (Law 906 of 2004), but of an apprehension for the purpose of transfer to the place where the arrest sanction must be served,” the ruling adds.

(Also: Earthquake leaves no injuries in the epicenter area but there is damage to a school)

The court indicates that the ruling ordering the relocation of the indigenous settlement set a term of five months for the territorial entity to comply, however, eight months have elapsed without full compliance with it.

“Since the guardianship judge retains the power and duty to adopt measures to achieve compliance with the constitutional protection order, this court must accede to the guardianship request consisting of imposing an arrest sanction, reiterating to the official in charge of compliance with the sentence that the imposition of this sanction does not exempt the authority triggered from the obligation to give full execution to it, and also the certification of copies that the plaintiff deprecates will be accessed, ”reads the official letter issued and signed by Judge Betsy Batista Cardona.

William Dau had already been sentenced to days in jail by a judge at the beginning of his term for disrespecting a public official.

More news in Colombia

Barranquilla launched the resettlement program

The father and murderer of the girl Sofía Cadavid is sentenced to 35 years in prison
It’s not time to shut up sponsored

William Dau says he is not afraid of investigations by the Attorney General's Office - Other Cities - Colombia

“It went in one ear and out the other, I don’t care because I haven’t done anything wrong.”

This is how the mayor of Cartagena, William Dau, responded after learning of the preliminary investigation that the Attorney General’s Office promises to open against the president, after audios were leaked where Dau is heard admitting his support for two citizens who would be seeking to reach The House of Representatives.

(Also: ‘Protocols failed’: Metro manager on death of two workers)

‘… they seek to force me to hand it over to the thugs once my term in office is over.’

What motivates the Attorney General’s Office, the Comptroller’s Office, the Prosecutor’s Office, the judges and the courts is always politics, that is what prevails, it is not objectivity

“I understand that the Attorney General’s Office opens a preliminary investigation, several people will have asked for it: the crooks here in Cartagena, including a crooked senator, so they are looking to open a preliminary investigation to see if they find merit to investigate,” added the president.

In the audio that was leaked last week on social networks, Dau is clearly heard announcing his support for Lidis Ramírez and Alejandra Benites, who would seek a seat in the House of Representatives.

(In context: Scandal in Cartagena due to possible political participation of Mayor Dau)

“At no time have I negotiated positions, I have not spoken to anyone and the people who want to support me going forward have spoken. In private I can talk what I want, but what they seek to force me to do is that once my term in office is over, I hand it over to the thugs, and continue to elect the same thugs to Congress as always”, added the mayor.

‘I am not easily intimidated: I am not afraid of the ‘Turco Hilsaca’, much less of the control bodies’

The Electoral Observation Mission, MOE, also criticized Dau’s possible participation in politics and recalled that public officials, especially mayors and governors, should be on the sidelines of the current electoral debate.

(It is worth reading: January ended with 66 murders and 1,284 displaced persons in Arauca)

“I am not participating in politics and in private I can talk what I want.
What motivates the Attorney General’s Office, the Comptroller’s Office, the Prosecutor’s Office and the judges and courts is always politics, that is what prevails, it is not objectivity. Why are there cases that have been going on for years and have never been investigated and have never been resolved?” questioned Dau, who assured that he is not afraid of possible investigations in this case.

“I am not easily intimidated: I am not afraid of the ‘Turco Hilsaca’, much less of the control bodies,” he concluded.

Cartagena

More news in Colombia

They deliver recommendations to differentiate symptoms of dengue and covid

Engineer Diego Lozano, kidnapped in Norte de Santander, is released