Sunday, June 20, 2021

That train crash in Colombia

Last Thursday we noted the Colombian case in which the military and civilian justice systems were at loggerheads over which had jurisdiction in the case of a civilian who was killed during a protest. On Friday, the Constitutional Court ruled that the case belonged in the ordinary courts. Excerpt:

The Court indicated that the military criminal jurisdiction "only applies to crimes committed by members of the Public Force on active duty and in relation to the same service," so the direct, close and immediate link of origin must be found between the activity of service and crime. The high court said that the evidence provided by the Police does not show with "the required clarity" that [the Mobile Anti-Disturbance Squadron, or riot police] Esmad's reaction, in that case, was undertaken to counteract a demonstration that had acquired a violent character.

In addition, it pointed out that there are sufficient elements of judgment that lead to consider that in Dilan [Cruz]'s death there was some disproportionate and excessive use of force in trying to control a peaceful protest, that is why the death of the young man is configured under the prima facie concept as violation of human rights. That is, it could be considered as such in principle.

The decision is not yet on the court's website

No comments:

Post a Comment

Comments are subject to moderation and must be submitted under your real name. Anonymous comments will not be posted (even though the form seems to permit them).