Derechos Políticos y Limitaciones por Sanciones Disciplinarias de la Procuraduría General de la Nación como Mecanismo de Lucha Contra la Corrupción

Abstract

Due to their importance for democracy and the exercise of other human rights, political rights require a special protection regime, according to which Article 23 of the American Convention must be interpreted. However, in Colombia different types of restriction are allowed, such as disciplinary sanctions through which the National Office of Internal Affairs (a non-judicial authority) can to punish democratically elected public officials with dismissal and inability to hold public office. Despite the ruling of the Inter-American Court in the Petro Urrego vs. Colombia Case, it is still considered that said sanctioning power is legitimate to fight corruption. The matter should be examined by means of a conventionality control, applying a proportionality test.