Which system should have charge of this case?

Dilan Mauricio Cruz Medina

The Colombian Supreme Court on April 14, 2020 ordered revision of the decision from a military court, involving the death of Dilan Cruz, an 18 year old activist, for violation of the fundamental right to due process.   Dilan Cruz was killed by a stun grenade launched by an agent of the Mobile Anti-Disturbances Squad,  (ESMAD), during a national strike on 23 November 2019 in Bogota against President Ivan Duque.

In December, the Disciplinary Chamber of the Superior Council of the Judiciary (CSJ) resolved the conflict of jurisdictions deciding in favor of military jurisdiction in the Cruz case because it involved an act of service of an ESMAD agent accused of the death, Police Captain Manuel Cubillos.  The Chamber held that the members of the security forces were attacked by some demonstrators, compelling them to have recourse to the use of force, as a consequence of which Dilan Mauricio Cruz Medina was injured and subsequently died in the San Ignacio hospital.

His mother, Yenny Alejandra Medina, brought an action for "tutela" (protection of one's fundamental rights) to the CSJ, to overturn its decision, arguing that the Court only listened to testimony from police officials and failed to take into consideration the testimony of other demonstrators and activists, according to which the attack in which Dilan was killed was produced without any prior aggressive action against ESMAD.

The Colombian Supreme Court heard Medina's petition and ordered the CSJ to revise its decision "in the light of the totality of the evidence" to determine whether Cruz's death should be heard by a military or an ordinary court.  Cruz was a symbol of the protests against Duque by becoming the first victim. He was protesting for public education of quality.

Judge Patricia Salazar Cuellar, in her concurring opinion, stated that the CSJ had to assess all the evidence available and to make sure that the decision complied with the Colombian Constitution and the international human rights treaties applicable to Colombia.