Potestad sancionatoria de la PGN: marco normativo creado por el caso Petro Urrego en la Corte IDH

Abstract

This article examines the scope of the sanctioning power exercised by the Office of the Attorney General (PGN) against publicly elected officials in accordance with the new regulatory framework created by the Petro Urrego case, focusing on determining whether the modifications made to the oversight authority of the administrative entity comply with the international standards enshrined in the American Convention on Human Rights (CADH). To this end, a comparison is made between the norms of the Colombian disciplinary regime and the judicial guarantees and political rights enshrined in the treaty, revealing whether the characteristics of the disciplinary power are consistent with the international legal instrument. The conclusions highlight a legislative oversight and substantial omission in complying 2 with the guidelines set forth by the CADH. It is essential to address this issue and correct the identified deficiencies in order to ensure respect for and protection of the political rights of all publicly elected officials and to ensure full compatibility of the Colombian legal framework with the international obligations assumed in the field of human rights.