Abstract

ARRIETA-BURGOS, Enán; DUQUE-PEDROZA, Andrés Felipe  and  VELEZ VELEZ, Hernán. The responsibility of the Colombian government in the face of the prison and penitentiary emergency due to COVID-19. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2021, vol.51, n.134, pp.177-211.  Epub Jan 03, 2021. ISSN 0120-3886.  https://doi.org/10.18566rfdcp.v51n134.a08.

This article analyzes the criteria considered on the evaluation of the responsibility of the Colombian government derived from COVID-19 on the people deprived of liberty effects suffer. Thus, in the first place, the health emergency generated by COVID-19 and its effects on the Colombian prisoner system is studied. Second, the response of the government that we describe in the framework of the unconstitutional ministry of affairs declared by the Constitutional Court. Third, the main jurisprudential developments in contentious-administrative matters. We identified and analyzed it regarding the violation of the rights of the people deprived of liberty due to causes attributable to the government. We consider some conclusions regarding the possibility of adopting flexible criteria. We evaluate the responsibility of the Colombian government in the face of an unprecedented situation in recent history.

Keywords : COVID-19; responsibility of the government; a failure in service; the unconstitutional ministry of affairs; prison and prisoner emergency.

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