W Radio learned for the first time that the Superior Court of Bogotá declared the nullity of all actions taken with reference to the protection action that was filed Ana María Castaño against National Disaster Risk Management Unit (UNGRD), considering that the rights to due process, defense and contradiction were violated.
As explained by the Criminal Decision Chamber of the Court, Leonidas Name Gomez He was not allowed to comment on a guardianship action that could affect his work life, since as of April 8, 2024, he was appointed to the position of general secretary of the entitythe same one that Castaño occupied and from which she was declared insubsistent.
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In that sense, it was concluded in the ruling that the annulment arose from the order with which the protection action filed by Castaño was admitted and in which he alleged that the fundamental rights of the job stability reinforced by maternity, social security and healthwhich were violated when it was declared insubsistent.
It was also argued in the ruling that Name Gómez “was not linked to the constitutional procedure, despite his evident interest in the result of the action, hence, once he was aware of the decision, he submitted a letter to this Corporation declaring to decree the nullity of all actions taken, considering that their rights to due process, defense and contradiction were violated, since Since April 8, 2024, he was appointed, by resolution No. 320, as general secretary of the entity and, therefore, the order of the trial judge to reinstate the complainant to that position directly affects him.”
The court also noted that the 31st Criminal Judge of the Circuit with Knowledge Function did not resolve the annulment incident filed by the lawyer representing the interests of the UNGRD, but limited herself to correcting the date of the ruling in which she had made a mistake. the fingering of the current year.
“It is observed, despite the fact that the entity in question promoted an incident of nullity exposing the reasons and foundations for such request, specifically, The trial judge said nothing about it, limiting herself to correcting the date of the guardianship ruling by order of April 30, 2024. and to point out that he did not consider it necessary to clarify the scope of the ruling or the order issued, deprecated by the UNGRD; However, in response to the request for annulment, it indicated to the party that, for this purpose, it had to make use of the challenge resource, without going into the substance of such request, in order to establish whether or not it was appropriate,” it reads. in the decision.
He also recognized that there were errors in secretarial records and the accounting of terms that generated that the annulment incident was sent to the Court, when the parties could still appeal the decision.
In this way, the Superior Court of Bogotá declared the nullity of everything that had been done since the admission of the guardianship.
“Resolve: FIRST. – DECREE THE NULLITY of the action, based on the order issued on April 10, 2024, by means of which the 31st Criminal Court of the Circuit of Knowledge admitted the knowledge of the protection action filed by ANA MARÍA CASTAÑO ÁLVAREZ against the UNGRD, in accordance with what is stated above.
SECOND. – ORDER the return of the action to the Court of Origin so that it can proceed to correct the noted irregularity, with the exception that the evidence collected will retain its value.
THIRD. – INFORM the interested parties of this decision.”
In this regard, the director of the UNGRD, Carlos Carrillo, He celebrated the decision of the Superior Court of Bogotá, ensuring that “I consider it to be a fair ruling and I am glad that that court has declared the annulment.”
