The failed XX National Games of Ibagué in 2015 never delivered any medals, among other things for the corruption of the former mayor Orlando Arciniegas. After evaluating alleged irregularities in his sentence, the Supreme Court confirmed his sentence to 27 years in prison.
Orlando Arciniegas will continue to pay 27 years in prison for making the XX National Games of Ibagué, in 2015, a promise of which only rubble and several criminal proceedings remained. The Supreme Court of Justice upheld its conviction for handing over millionaires to the contrary – in exchange for bribes – to the TYPSA company, which was chosen despite not having enough experience and was not able to raise the sports venues proposed for the capital. Tolima.
Background: “Brain” of the embezzlement of the XX National Games in Ibagué will remain in jail
In a third judicial round, for the embezzlement of the sporting event, Arciniegas managed to get the Supreme Court to evaluate the process from when it accepted its responsibility for the crimes of concussion – taking advantage of a public position -, embezzled by aggravated appropriation, money laundering, enrichment illicit, undue interest in the conclusion of contracts and contracts without compliance with legal requirements. Charges were indicted in December 2016, however, for the high court there have been no errors in any of the proceedings since then.
Orlando Arciniegas, who accepted his responsibility in a preparatory hearing for the trial, does not agree that he was convicted as a public servant. Even the former adviser to the Mayor’s Office of Ibagué considers that the Prosecutor’s Office acted unfairly, since they had reached a preliminary agreement on June 30, 2016, four years after the investigation was opened, but the investigating body withdrew it and decided charge him criminally. Despite his claims, via cassation, the Supreme Court did not hear one of his arguments.
For the high court, it does not make sense for Orlando Arciniegas to discuss his status as a public servant, when he was warned about this condition from imputation, formulation of accusation, decision in first instance and ruling in second instance. In fact, the Superior Court of Ibagué, on September 10, 2018, was the last judicial office to recognize the responsibility of Arciniegas as a public servant, for a project that presented irregularities for more than $ 66,000 million according to the Comptroller’s Office.
Comptroller’s Office: Irregularities in National Games amount to $ 66,000 million
“It should be noted that these activities (by Arciniegas in the face of the failed National Games) revolved around evaluating options for the construction of sports venues, presenting drafts of pre-specifications and preliminary studies, submitting proposals, advising on the estimated budget of costs, or render concepts – such as the one in which it indicated that it was not necessary to intervene in the contractual consultancy process held with the TYPSA company, since it was supplied with a supervisor – ”, explained the Supreme Court, in relation to quality public servant of the convicted person.
Orlando Arciniegas, between 2013 and 2014, was the legal representative of the consulting and collection company ACIS SAS. There is a history of holding two contracts with the Ibagué Ministry of Finance, with the aim of advising it in the execution of administrative functions for the construction of sports venues, which also included the IV Paranational Sports Games. Arciniegas, among other things, was in charge of advancing the selection process for the consulting contractor who had to carry out the designs of the scenarios.
Between August and October 2013, Arciniegas met with businessman Wilmer Manchola, Luis Rodrigo Uribe, legal representative of the TYPSA company and Jorge Orlando Navarrete, head of tenders of the same organization, with the aim of specifying everything that was needed to favor TYPSA before the Municipal Institute of Sports and Recreation of Ibagué (IMDRI). In those meetings the total value of the project was balanced and the specifications were fixed so that only that company could present itself for the call.
In context: New conviction of former Ibagué Mayor’s Office official for embezzlement of National Games
“They also agreed on the amount of money that TYPSA had to pay for bribes, a sum that in principle they established at a value of 1,776,000,000 pesos ($ 1,776,000,000), which was equivalent to 15% of the consulting contract, which amounted to the sum of eleven thousand four hundred ninety-nine million five hundred twenty thousand eight hundred pesos ($ 11,499,520,800), ”added the Supreme Court. Finally, on October 15, 2013, IMDRI published the merit contest that Orlando Arciniegas had already rigged in favor of TYPSA.
And the high court continued with the recount of the facts: “On November 21, 2013, Orlando Arciniegas signed, with other public servants, the minutes of the hearing for the evaluation of the economic proposal of the merit contest number 012 of 2013, in which they make it clear that, in accordance with legal, financial, technical and economic equality, TYPSA is the company that meets the requirements of the specifications ”. Days later, IMDRI recorded the first advance, for 30% of the total value of the works, of which Arciniegas received more than $ 1,400 million.
On the other hand, Arciniegas alleged that his rights as investigated were violated, since they would not have warned him about the amount of time he could be in prison, after accepting his criminal responsibility. The Superior Court of Ibagué, given the procedural moment, reduced the convicted one third of the sentence. It would have been different in the imputation phase, since if he pleaded guilty a judge could have endorsed him up to a 50% reduction. Finally, the Supreme Court reminded Arciniegas of his words, when in court he agreed to interrupt the trial against him.
Background: First conviction for corruption in contracting in National Games
-Judge of the Superior Court of Ibagué: “Well, finally the office tells you that this circumstance of accepting the charges or agreeing to the charges made in the accusation, because the procedural law establishes a reduction of the sentence that will be analyzed by this judicial official in the respective sentence and that at a certain moment may be subject to the respective jurisdictional resources or controls. Consequently, Mr. Arciniegas Lagos, to be absolutely clear, do you accept the charges made by the Prosecutor’s Office in the indictment?
-Orlando Arciniegas: “Yes, your honor, I accept them.”
Despite this third decision, Orlando Arciniegas may still file an appeal. In the end, on the other hand, the XX National Games ended up being played in some venues in Ibagué, Melgar, El Espinal, Chaparral and Líbano (Tolima), also in Cali, Chocó, Bogotá and even Ubaté (Cundinamarca). The representatives of Antioquia were champions of the contest with a total of 384 medals, including 130 gold. Tolima was in tenth place and, at least that year, its capital stained by the corruption of Arciniegas.