The Fifth Section of the Council of State denied the evidence requested by the lawyer José Ignacio Vives, who acts as attorney for the Mayor of Albania, Nera Eloisa Robles, who is filing a lawsuit against his election filed by former candidate Jader Magdaniel, arguing that citizens who do not reside in the municipality voted, and because some documents were altered.
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In this way, the Council of State confirms the order of the Administrative Court of La Guajira that denied the delivery of the original E 11 forms, requested by lawyer Vives. Against this he opposed lawyer Álvaro Montero, defense of the plaintiff Jader Magdaniel, who argued that the documents contain sensitive information about voters, and that there are digital means to know them.
Therefore, the Council of State in its considerations indicated that: “in accordance with article 216 of the CPACA, the use of electronic means for evidentiary purposes is “admissible”, it is worth specifying that the scanned documents are digital images, which leaves them in the electronic medium scenario and, therefore, it must be concluded that, bringing these types of documents to the process is appropriate”says the high court.
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