Following the indication of the Council of State of double militancy of the President of the Senate, Roy Barrerastwo State entities referred to the case, and highlighted in their assessments that the senator did not commit this error, for which reason he would not be forced to leave his seat in it Congress of the Republic of Colombia
One of those entities was the National Electoral Council (CNE)who sent a concept indicating why the senator had not violated any regulations on the subject.
“Apply the restriction of double militancy in the specific case, would lead to a violation of the art. 23 of the American Convention on Human Rightsto the extent that the expulsion decision taken by a party does not force the resignation of the seat”, said the CNE.
Another of the entities that defended the Roy Barreras was the Office of the Attorney General of the Nation (PGN), who also said due to his expulsion from party of the u in 2020 he was not required to resign his seat.
“As a consequence of the expulsion of Senator Barreras Montealegre of the militancy in the party of the u on October 9, 2020, this ‘lost’ the condition or obligation to resign his seat (…) the element of the militancy that imposed the condition of loyalty to his political body disappeared, ”said the PGN.
The next step is still unknown Roy Barreras to defend himself against the accusation of double militancy by the council of statebut a possible lawsuit does not appear before the Inter-American Court of Human Rights (IACHR).
After the decision of the council of state in which the nullity of the election of Roy Barreras As a congressman, one of the possible appeal scenarios was that the still president of the Senate will present a tutelage action. However, the legislator himself announced that he will not present such action and that he will respect the decision of the high court.
During Sunday, May 7, Barreras said that he will abide by the ruling; He even acknowledged that he had contemplated leaving his post before the end of the first legislature. “I was thinking of resigning on May 22, because I had told the president Gustavo Petro who would accompany him for a year”said the congressman. By the way, he ruled out his aspiration to the Governor of Valle del Cauca and to the Mayor of Cali; And although he will focus on the October elections, he specified that he will do so from his party La fuerza de la paz.
In this sense, he said that one of his main objectives is to promote the candidates who register with that community for the election day that will take place in the last quarter of October.
It is worth mentioning that, according to the court and the plaintiffs of the action that ended in the annulment of his election, Barreras Montealegre had to resign his seat. 12 months before the date on which the registrations for the Congressional elections corresponding to the period 2022 – 2026 were carried out.
Specifically, the latter warned that the election of Barreras constituted a violation of article 2 of the Law 1475 of 2011 which indicates: “The candidates who are elected, always registered by a political party or movement, must belong to the one who registered them while they hold the investiture or position, and if they decide to stand in the next election for a different political party or movement, they must resign from their seat at least 12 months before the first day of registration”.
