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The Inter-American Court of Human Rights (Inter-American Court) condemned Colombia for the events surrounding the departure of the former prosecutor delegated to the
Criminal Courts of the Cartagena Circuit Yenina Esther Martínez Esquivia.
The case passed in May of last year from the Inter-American Commission on Human Rights (IACHR) to the Inter-American Court, which stated that “it referred to a series of violations in the framework of the materially punitive process that culminated in the removal of the victim from his position”.
Officials from the Open Society Foundations Justice program accompanied the Colombian lawyer’s lawsuit.
The lawyer took office in the Office of the Prosecutor in July 1992 and according to the file, when she was assigned the position, no reference was made to what type of appointment it was, nor the conditions thereof. On October 29, 2004, the Attorney General of the Nation issued a resolution declaring the appointment of Mrs. Martínez Esquivia unsubstantiated.
“No motivation was recorded in it. Mrs. Martínez Esquivia she was, therefore, more than 12 years appointed in a provisional regime “, it reads in the file.
In its decision, the Court declared Colombia’s responsibility for the violations of various rights to the detriment of the former prosecutor, and “in particular, the Court considered that the dismissal of Mrs. Martínez Esquivia from her position as Deputy Prosecutor before
the Criminal Courts of the Cartagena Circuit violated the guarantee of stability that prosecutors must recognize as justice operators. “
(Read in context: Colombia complains about the ‘lack of objectivity’ of the IDH Commission).
Additionally, it was concluded that this dismissal violated Mrs. Martínez Esquivia’s right to remain in office under general conditions of equality.
Likewise, the Court considered that the State violated the right to judicial protection because in none of the avenues attempted by Mrs. Martínez Esquivia did it have an effective remedy to challenge the decision that removed her from office.
The Court in its decision, which has already been notified to the Colombian authorities, determines that “The State must cover the contributions to the pension of the lady
Martinez Esquivia from the moment of your separation to the moment
she would have had the right to avail herself of it, had she not been separated “.
In addition, the official summary of the sentence must be published only once in the newspaper
Official and on the official website of the State.
It also indicates that in guarantees of non-repetition, the State must “adapt the internal regulations with the standards developed in this judgment in relation to the stability of the provisional prosecutors, with regard to their appointment and dismissal.”
Finally, it determined the payment of compensation to the former employee.
Sources from the State Defense Legal Defense Agency confirmed that they have already been notified of the ruling and that they are studying it.
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