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The Attorney General's Office opened a disciplinary investigation and temporarily suspended for three months the Governor of La Guajira, Wilbert Hernández Sierra, alleged irregularities in the signing of the bilingual contract in the amount of 11,415,893,720 dollars.
The Crown tries to establish the existence of "possible failures in terms of subscription by directly contracting an inter-administrative agreement with the company New technologies of innovation, engineering and telecommunications, Niu Telco SAS, with a view to "strengthening communication skills in English in the sector". teachers and students of the IEO of the department of La Guajira & # 39; ".
Last Thursday, the Attorney General's office also opened an investigation following the scandal that led to the signing of the contract in an apartment cluttered with child malnutrition and lack of water, among other problems.
Contract No. 0011 of 2019 signed on June 26 sparked controversy because, in the document, 38 urban centers benefited in 38 municipalities of Guajiros, while this department has only 15 municipalities. The government made a "transcription error".
Niu Telco S.A.S was registered with the Cúcuta Chamber of Commerce on August 6, 2018. Its legal representative is Mayret Zoraida Niño Moreno.
According to Semana magazine, one of the board members is Juan Carlos Cáceres Bayona, a Barranquilla contractor, who is also the legal representative of the Foundation of Enterprises for New Information Technologies. in Colombia (Funtics), which has executed at least ten contracts since 2012 in La Guajira. The first, signed with the government, dates from 2014.
For 2015, he signed one for 20,000 million pesos that he entangled the governor Oneida Pinto, under investigation of the Attorney General's office.
Preliminary investigation
After learning that the county administration would have signed the agreement a few hours before the entry into force of Law 996 of 2015 or the Law on Guarantees, the regional office of La Guajira opened a preliminary inquiry and ordered the practice of evidence, including a hearing. to the company based in Cúcuta, without its location being possible at the headquarters registered in Ocad Regional Caribe, which approved the financing of the bilingualism project in La Guajira with resources from the General Fee System, SGR.
Therefore, the disciplinary control body ordered the transfer of the process to Bogotá, the initiation of an investigation and the suspension, as a precautionary measure, Hernández Sierra in order to 39 avoid the repetition of the alleged disciplinary offense or its participation in a new process that may contravene the principles governing state contracts during the effective period of the Safeguards Act; that although effective June 27, 2019, it allows the call for public tenders, abbreviated selection or merit contest. "
The Attorney General's Office has ordered the practice of new evidence to verify whether the behavior of the officer constitutes a disciplinary offense, clarify the determining grounds as well as the circumstances, the time and place where they were committed , as well as the possible damages caused to people. public administration.
He also asked about the formation of the company Niu Telco SAS, its staff for June 26, 2019, as well as the equipment, the network and other elements necessary for the execution of the agreement . "The researcher may ask again to be heard in a free version, as had been planned last Wednesday at La Guajira Regional, without showing up at the stagecoach," said the prosecutor.
North of Santander. The Attorney General's office forced William Villamizar, governor of the province of Santander, to obtain copies of this decision. The latter had apparently signed a contract to "strengthen the processes of teaching and learning English in the department of Norte de Santander". , "which would be similar to the subject of the contract that would have given rise to the lawsuit against the governor of La Guajira."
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