The Trial Chamber of the Supreme Court of Justice acquitted the former governor of the department of Chocó, Julio Ibargüen Mosquera, who had been prosecuted for alleged irregularities in the recognition of a teacher’s retirement pension.
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The high The court pointed out that Ibargüen is not responsible for the crimes of prevarication by action and embezzlement by appropriation in favor of third parties, in the attempted modality.
Ibargüen Mosquera was tried for the issuance of Resolution 2523 of December 31, 2007, in which he recognized the retirement pension to a teacher, without him fulfilling the requirements to access that right.
This pension recognition was revoked by means of Resolution 0746 of June 4, 2008 when it was found that the beneficiary did not comply with the requirements of Law 100 of 1993 nor of the transition regime provided therein orspecial regimes , revocation that became final with Resolution 1151 of July 18, 2008, which prevented any distribution of departmental money.
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The Chamber acquitted the former governor, finding that he did not act with fraud since when he granted the retirement pension, there was no clarity about the regime to which the beneficiary belonged, nor his category.
According to the Court, at that time it was not known with certainty whether it was a national, nationalized or departmental teacher, and even this uncertainty continues to this day.
In fact, says the ruling, after these events, the Fiduprevisora, entity in charge of social benefits of teachers affiliated with the National Fund for Teachers’ Social Benefits, has returned four times the documentation related to the request for a teacher’s retirement pension, which is currently under discussion.
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The Chamber said that although the initial resolution is contrary to the legal system, it cannot be concluded that it “obeyed a capricious or rigged interpretation of the law in the face of the multiple existing legislation regarding teachers, but mainly, in the face of uncertainty regarding the type of affiliation of the beneficiary and whether or not he was affiliated with the National Fund for Teaching Benefits”.
The Court highlighted that in this case the controls of the same administration worked, since when possible irregularities in the pension granting, it was revoked, preventing the public treasury from being affected.