The Court magistrate affirms that it is not true that he has committed the crimes of procedural fraud, prevarication, improper conclusion of contracts and conspiracy to commit a crime.
In relation to the criminal complaint filed against the president of the Administrative Court of Boyacá, Luis Ernesto Arciniegas Triana, by David Alejandro Ávila Cely, who acts as plaintiff in the electoral annulment process carried out against the current mayor of Tunja, Mikhail Krasnov, the magistrate explained to Boyacá Sie7e Days What has been your action in this case.
“It is not true that I have committed the crimes of procedural fraud, malfeasance, improper conclusion of contracts and conspiracy to commit a crime, which the complainant unfoundedly and recklessly accuses me of, since in the process of the electoral process I have rigorously observed as speaker the procedure established in the procedural law, respecting due process, the right of contradiction and defense, and other procedural guarantees,” assured the president of the Court.
Judge Luis Ernesto Arciniegas explained that the rejection of the electoral claim was not a single decision but a collegiate one, adopted by the Second Decision Chamber of the Court, which is made up of three judges, who after deliberating and evaluating the admission presentation of the means of control that he presented, he resolved that in light of the current jurisprudence of the Council of State, legal entities lack legitimacy in the case to present electoral demands.
“Therefore, such determination was not the product of the occurrence or whim of the Court, as the complainant Ávila Cely intends to make it clear,” said Arciniegas Triana.
He specified that, to reach such a determination, the rigorous legal process was previously carried out, allowing the parties to exercise their right of contradiction and defense, as established by the Constitution and the law, and that, in addition, the action taken has honored the principles of publicity and transparency, so there has been no fraud or deception as stated by the complainant Ávila Cely.
“That the decisions taken within the process are not to the liking of the parties does not mean that the Court has incurred fraud or malfeasance, since against such determinations the procedural law establishes resources, of which the parties have effectively made use, such as “It happened with the order that rejected the electoral demand,” the magistrate stressed.
He pointed out that the Fifth Section of the Council of State, upon resolving the appeal against the order that rejected the electoral claim, revoked the Court’s ruling and ordered the course of the process to continue, considering that from now on legal entities can file electoral lawsuits, thus agreeing with the plaintiff.
“Since the rejection of the electoral demand, I have been the target of constant and violent attacks against my moral integrity, that of my wife and my children, as well as against my personal and family privacy, since I am unfoundedly accused of having favored the defendant mayor of Tunja, for the contract for the provision of professional services entered into by the lawyer Diana Alejandra Ibáñez Rodríguez with the municipality, a person with whom we are parents of a child under three years old,” indicated the president of the Administrative Court of Boyacá.
“Lawyer Diana Alejandra Ibáñez Rodríguez is not, nor has she been, my sentimental partner, my common-law wife or my permanent companion, as the complainant Ávila Cely perversely and tendentiously states. I am a married man and I have been in a relationship with my wife Liliana Margoth López Flórez for more than 12 years. “These lying statements have caused him great distress, affecting the peace and tranquility of my family,” said Arciniegas Triana.
He warned that he did not intervene directly or indirectly in the execution of the aforementioned contract for the provision of professional services of the lawyer Diana Alejandra Ibáñez Rodríguez, as the complainant falsely claims, since his connection was made by virtue of the public call made by the municipal mayor and after compliance with the required requirements, as certified by the competent departments of the Mayor’s Office of Tunja.
“Due to the above, I was not obliged to declare myself unable to continue with the electoral process. Furthermore, until the time the Court rejected the claim, no challenge had been filed against me, which was filed later. Such challenge was declared unfounded by the Court, finding it lacking legal and factual foundations,” stated the magistrate.
He reiterated that he has never had personal contact with Mr. Mikhail Krasnov, mayor of Tunja, nor sympathy towards him, and that, therefore, it is untrue to claim that he has arranged with him to commit crimes that threaten public administration. Likewise, he stressed that it is insulting and slanderous to maintain that with the mayor he is part of a network of corruption.
“I strongly reject the reckless and unfounded accusations of the complainant David Alejandro Ávila Cely, which not only violate my moral integrity, that of my wife and my children, but also my right to personal and family privacy. Furthermore, they represent a serious attack against judicial independence, since they prevent me from resolving with due serenity and objectivity the process of electoral annulment against the mayor of Tunja, for which I had already asked the Court to accept the impediment raised by virtue of the provisions in the procedural law,” concluded the president of the Boyacá Administrative Court.
