EL JUZGAMIENTO DISCIPLINARIO POR AUTORIDAD ADMINISTRATIVA Y LA INDEPENDENCIA JUDICIAL EN COLOMBIA

This text analyzes the triple violation of the principle of independence in the disciplinary judicial processes carried out in Colombia by the Attorney General’s Office by virtue of Law 2094 of 2021 and Decree-Law 1851 of 2021, which processes are: a) they are decided by freely appointed and removed officials, such as the del-egated, regional, district and provincial attorneys, b) the entity that investigates and judges is administrative in nature and vertically hierarchical, an aspect that prevents guaranteeing internal independence, and c) the attorney general maintains the power to assign the processing of the proceedings to the official he deems necessary, that is, the guarantee of the judge with jurisdiction previously defined in the law is violated. Thus, it emerges the failure to comply with the international obligation to guarantee that the restriction of political rights by the disciplinary authority respects the stand-ard of the “competent judge, in criminal proceedings” developed by the Inter-Amer-ican Court in the Judgments of the Cases of Leopoldo López vs. Venezuela, and Petro Urrego of 2020 vs. Colombia and OC-28/21.