In September 2024, the Presidency of the Council of Ministers (PCM) suspended Rafael Muente, as president of the regulator Osiptel, for 365 days for having attended a training funded by Osiptel, a conduct that, according to the PCM, allegedly violated the Civil Service Law. Although both the Comptroller General of the Republic and the Public Prosecutor’s Office indicated that no irregularities or crimes were proven, and after Servir annulled the initial sanction, the PCM reopened the investigation into the same events.
This time, the allegation concerned the “influence” exerted to approve the training, although Muente maintains that the procedure followed the usual protocols and that other officials also participated without being investigated.
Now, the Ad Hoc Commission, the PCM’s instructing body, stated that “having established the misconduct attributed to Rafael Muente Schwarz in his capacity as Executive President of Osiptel, it is recommended to impose the sanction of dismissal.”
Muente claims that there is not only a persecution against him but also an attempt by the government to control the regulator. According to a statement he published on the social media platform X, the new recommendation reflects “harassment and persecution” motivated, in his words, by his defense of the regulator’s autonomy against previous attempts at political intervention and his opposition to practices that, he asserts, undermine the institution’s integrity.
Among the reasons mentioned by Muente is his firm stance in blocking mobile lines linked to extortion and halting the informal sale of SIM cards, strategies that have caused clashes with political and economic sectors.
He asserts that the dismissal of much of the management team during his absence evidences a radical shift away from Osiptel’s meritocratic tradition, with rapid replacements and “handpicked” appointments to key positions. “The meritocratic culture that characterized Osiptel is at risk,” Muente states.
The final report from the instructing body is ultimately sent to the sanctioning authority, in this case, the PCM President, Eduardo Arana, who may uphold the recommendation for dismissal.
If the dismissal decision is maintained, Muente can appeal again before the Servir tribunal. However, he expects that PCM will summon him to present his defense alongside his lawyer before making a final decision.