The Attorney General’s Office sanctioned in the first instance the honorary consul of Colombia in Florence, Italy, Gianni Lusena, after determining that he made an improper charge to a Colombian citizen during a procedure related to the authentication of a signature before Italian authorities.
According to information published by The Time, The disciplinary action arose from events that occurred on June 14, 2021, when the official participated in a notarial procedure and subsequently received a payment of 70 euros from a compatriot.
The decision was adopted by the Disciplinary Prosecutor’s Office of Judgment 4, which concluded that the honorary consul exceeded the functions authorized for this type of diplomatic representation and used his institutional status to carry out a task that should be provided at no cost to the user.
The disciplinary investigation focused on a procedure carried out before Italian authorities to authenticate a signature of a Colombian citizen residing in that country.
According to information known to The Timethe official accompanied different stages of the procedure and subsequently received a payment equivalent to 70 euros for the assistance provided during the process.
The Attorney General’s Office established that Lusena did not have the power to demand or receive money for that type of consular accompaniment. Consequently, it concluded that the collection constituted an irregular action that disregarded the obligations of the public service.
According to the disciplinary ruling, the official “requested and received a sum of money” even though the action should have been provided free of charge for the Colombian citizen involved in the procedure.
The entity maintained that the disciplined person took advantage of his status as honorary consul to present as institutional a management that did not generate costs for the user, a situation that violated fundamental principles of public administration.
Likewise, the Attorney General’s Office indicated that the conduct disregarded the honorary nature of the consular function and affected the principle of administrative morality that should govern the behavior of those who exercise public functions, even when they do so under figures of honorary representation.
As a result of the investigation, the Attorney General’s Office imposed a sanction consisting of a five-year inability to perform public functions and a fine equivalent to 30 legal monthly minimum wages in force for 2021.
The financial penalty amounts to $27,255,780, according to the calculation made by the disciplinary body.
According to information revealed by The Timethe Attorney General’s Office classified the conduct as a very serious offense committed through fraud, one of the most severe categories contemplated within the Colombian disciplinary regime.
During the analysis of the case, the control entity concluded that the action investigated exceeded the powers allowed for honorary consulates, whose work consists mainly of providing guidance and support to Colombians residing abroad.
The entity recalled that this type of representations have specific limitations regarding the management of resources and the performance of certain administrative procedures, which is why the collection made was considered inadmissible.
However, the decision is not yet final. Procedural subjects have the possibility of filing an appeal before the Ordinary Disciplinary Trial Chamber of the Attorney General’s Office.
That body will be in charge of reviewing the file, analyzing the arguments presented by the parties and determining whether to confirm, modify or revoke the sanction imposed on the honorary official.
While this procedure progresses, the case will continue within the stages provided for by Colombian disciplinary legislation and the final decision will depend on the study carried out by the competent authority on the evidence collected and the resources that may eventually be presented.
