The International Bar Association’s Human Rights Institute (IBAHRI) has stated its concern about recent incidents that appear to undermine judicial independence in Colombia, and therefore threaten the separation of powers, a cornerstone of democracy.
These incidents include continued derogatory comments made by President Gustavo Petro against the judicial branch and individual judges, which might have influenced the siege of the Supreme Court of Justice by demonstrators in February 2024.
Surveillance
There are also allegations of state intelligence surveillance of the judiciary through interception of communications. President Gustavo Petro has also proposed reform to the Colombian constitution.
On 16 November 2023, the constitutional court struck down part of legislative tax reforms promoted by Petro and declared the provision that prohibited extractive companies from deducting royalties paid to the government from their taxable income to be unenforceable.
President Petro warned on X that, because of this ruling, the Minister of Finance might consider cutting the budget of the three branches of the public power.
These a developments represent a clear alert on threats to judicial independence, the separation of powers and rule of law in Colombia, IBAHRI has said.
“President Petro’s continuous derogatory comments against the judiciary erode public trust in that fundamental branch of the state and impinge on judges’ ability to carry out their work without any pressure or interference.
“The allegations of state intelligence agencies intercepting judges’ conversations add an additional layer of concern.
“If proven true, such actions would constitute a grave and blatant violation of judicial independence, the separation of powers and the right to privacy,” it said.
Court impartiality
IBAHRI referred to article 10 of the Universal Declaration of Human Rights, which enshrines the independence and impartiality of courts as a fundamental aspect of the right to a fair trial.
It called on President Petro to reflect on his duty to protect the independence of the judiciary and refrain from disparaging judges for carrying out their duties.
The legitimacy of his presidential mandate was only strengthened by a functioning separation of powers and strong institutional independence, IBAHRI said.