Publicación:

Análisis de las declaratorias de la Corte Constitucional sobre el Estado de Cosas Inconstitucionales (ECI) en las cárceles de Colombia desde el año 1998 hasta el 2019, por hacinamiento y violación de Derechos Fundamentales como Dignidad humana y Derecho a la salud.

Resumen

Because the constitutional court was forced to decree the Unconstitutional State of Things in the Colombian prison system on two occasions? Do authorities such as: the Presidency and the Congress of the Republic, the Ministry of Justice and Law, the Inpec, the authorities of each detention center, the judges for the execution of sentences and measures, the prosecutors, among others, in a systematic and prolonged way, the fundamental rights of persons deprived of liberty, especially to human dignity, life, health, among others, due to the deplorable conditions of detention, caused, in particular, due to the serious overcrowding of these institutions? (Constitutional, T-388 DE 2013, 2013) To begin with, the ECI or unconstitutional state of affairs is a jurisprudential figure used by the Constitutional Court to issue orders to the competent official institutions in order to put into action their powers to eliminate states of systematic and prolonged situations of massive violation of the fundamental rights of a certain population group. The Constitutional Court alarmingly for a social state of law in 1998 and 2013 “has made use of the figure of the unconstitutional state of affairs in order to seek a remedy to situations of violations of the fundamental rights of general character and affecting many people in the prison system. In other words, apparently, the High Court had no choice but to issue orders to the competent official institutions, in order for them to put into action their powers to eliminate the systematic violation of the fundamental rights of private persons in freedom." (T-153-98) That is why this work is based on the compilation of sentences in this regard, which our constitutional court has issued between 1998 and 2019, seeking in this way to analyze the jurisprudential line that the high court has had with respect to the state of unconstitutional things presented in the prisons of Colombia; With this document, what is intended to be carried out is the establishment of the systematized and generalized situations of violation of fundamental rights that led the Constitutional Court to decree and declare on two occasions the unconstitutional state of affairs in the Colombian prison system. In addition, we will identify the arguments and justifications of the different entities responsible for solving the ECI, such as: Inpec, the different directors of the country's detention centers, the Ministry of Justice, the Attorney General's Office and the Office of the Ombudsman among others. Finally, we will examine the difference between the 1998 ECI unconstitutional state of affairs decreed in judgment T-153/98 and the 2013 unconstitutional state of affairs decreed in judgment T-388/2013 Where at the end you can throw the different conclusions and recommendations on the case in question.