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The Civil Cassation Chamber sent to the Civil Chamber of the Superior Court of Bogotá a request that was presented to the high court to declare that the Presidency of the Republic, among other authorities, he has not complied with the orders that that corporation gave him in a guardianship ruling in which he found a systematic violation of the right to protest.
According to the Court’s ruling, this violation has occurred due to the arbitrary and disproportionate intervention of the Public Force in the demonstrations, for which it ordered a series of measures so that these events do not happen again.
The contempt incident was presented by Alirio Uribe Muñoz, lawyer of the José Alvear Restrepo Lawyers Collective, who assured that there is a possible breach of the guardianship ruling issued by the Court.
(Also read: The 14 orders of the Court for the ‘systematic aggression’ to the protest)
However, as this case reached the Supreme Court in second instance, the high court established that it has no jurisdiction to evaluate the contempt incident. That’s why he sent it to the Civil Chamber of the Superior Court of Bogotá, which was the one that decided on guardianship in the first instance.
Even though that court had denied guardianship in its first decision, the Supreme Court assures that it is it that has the competence to evaluate whether or not there is a breach of compliance with the orders of the high court.
Thus, the Superior Court of Bogotá will be responsible for evaluating whether the Government has breached orders such as publishing the complete ruling on the web pages of different ministries and authorities.
The Court also ordered Defense Minister Carlos Holmes Trujillo to offer public apologies for the acts of abuse of force during the protests last year. In addition, he ordered the Esmad to suspend the use of the 12-gauge shotguns.
(Also: Abecé of an unpublished ruling that protected the right to protest)
Although on September 24, the minister referred to the order of the Court and in his statement cited an apology that he had offered three weeks ago, in the face of the alleged murder of lawyer Javier Ordóñez at the hands of police, for many that reiteration of excuses from the Minister did not mean a fulfillment of the order that the high court gave him.
(Read: Mindefensa reiterates “expression of forgiveness” from two weeks ago)
He also ordered the Government meet with the 49 citizens who presented the tutela to issue a guideline on the use of force, and publish a statute on ‘Reaction, Use and Verification of Legitimate Force the State and Protection of the Right to Peaceful Citizen Protest’.
The ruling also ordered the Public Prosecutor’s Office, the Attorney General’s Office and the Defender’s Office to verify the arrests that have been made against citizens who were in protests.
JUSTICE
