Covid-19 and court decision: competence to decide the measures of Decree 546 of 2020

Abstract

This article analyzes the judicial decisions issued by the Colombian Supreme Court of Justice and some Superior Courts of the Judicial District, in regard to their competence to decide the temporary house arrest and imprisonment –con-sidered in the Legislative Decree 546 of 2020. This article defends the thesis that competition rules established by the ordinary criminal prosecution law are not applicable to these measures in the midst of the public health crisis caused by COVID-19. The main consideration is that health and life of inmates are compromised. In order to promote a flexible interpretation of the law during the current crisis, this document also studies: (i) other judicial decisions related to the context of the pandemic, (ii) the prison situation, and (iii) the regulation contained in Legislative Decree 546 of 2020.