Alejandro Ordoñez is one of the most powerful men in Colombian politics. As Inspector General (
With this ambiguity in place, Ordoñez has seen fit to impeach legislators of the like of Piedad Cordoba (for her rapport with members of FARC), Rocío Arias (for her support of paramilitary groups), German Olano (for his involvement in Bogota’s corruption “carrousel”), and Ivan Moreno (same). All of them are banned from public office for fifteen years or more. All of them have accused Ordoñez of usurping the powers of the Council of State.
I am not here to defend any of these characters. Cordoba, Olano and Moreno had their day in court before Ordoñez, and he found them liable for violations of law. Colombian politics is probably better off without them on board. However, there are powerful legal and policy arguments that argue against the IG’s capacity to impeach members of the legislative branch. This is not trivial legalese. At heart lies the system of checks and balances that keeps the Colombian democracy running.
The first argument against Ordoñez is the fact that he is elected by the same people he is supposed to oversee –the Senate. How idiotic. Even the most naïve of persons can see the inevitable conflict of interest this creates. Perhaps Ordoñez has not hesitated to use his power against those charged with appointing him, but there is an ever-present danger of under-enforcement by future IGs. Even worse, one can imagine future IGs raising bogus charges against Senators if they vote for laws that the IG does not like, or against their reelection. True independence calls for another arrangement.
Another argument is related to the text of the Constitution. Articles 228 and 231 say that “the administration of justice is a public function” and that Colombia’s judicial bodies are public corporations. Yet, nobody would say that the IG has the inherent power to impeach judges (that privilege remains with another office, Colegio Superior de la Judicatura), even if under the Constitution public officials are defined as “those who are members of public corporations.” Yet, Ordoñez’s claim about his power to impeach legislators rests on equally shaky ground. The better answer is to say that the drafters of the Constitution gave the Council of State the exclusive power to impeach members of Congress, just as the Judicatura has exclusive jurisdiction to investigate judges. Ordoñez keeps the privilege of investigating those who are part of the executive branch (except the President). Nice, neat separation of powers at work.
The Constitutional Court is expected to rule soon on this matter, as Piedad Cordoba was able to bring her impeachment case before it. Should she win, she will be able to run again for public office, which would mark her comeback to political life, for good or for bad. Rocio Arias, Ivan Moreno and German Olano could also see their bans invalidated, and, if they are not in jail, they would be able to run again or return to Congress. That would certainly be a defeat for Ordoñez, but, oddly enough, it would perhaps mean a victory for sound, democratic institutions.