The Scales of Justice Come Up Empty in Colombia

  
The Corporation for Excellence in Justice, a nongovernmental organization that studies the judicial sector in Colombia, has released its year 2000 report. "Justice, as the ultimate end of the legal process, should be characterized by efficacy and efficiency on the part of both the custodians of the legal system as well as the norms that govern it," the report asserts. According to its findings, however, form tended to overshadow content in last year's legal performance, contributing to Colombians' distrust of the system's ability to resolve cases speedily and effectively.

The report found several obstacles to the judicial branch's ability to live up to its role as a provider of services that guarantee the rights of citizens. These included excessive litigiousness, with the result that the country's civil and criminal courts are overwhelmed with cases. Also problematic was the quality of service, limited as it was by unnecessary bureaucracy, a general lack of information and long waiting periods. Finally, the sentences passed down by the courts were often inappropriate, sacrificing considerations of justice to the enormous case burden.

Civil jurisdiction was found to be the most overburdened, compared to cases involving labor disputes, of which only 30,000 were registered last year in the entire country. This may be explained by the fact that more than half of all jobs in Colombia are in the informal sector, and by the frequent recourse in these cases to tutelary actions that protect basic rights.

The report also found a high degree of impunity with regard to criminal cases. A survey revealed that Colombia's Attorney General's Office investigates only about half of all cases that are brought to its attention, and only 57% of those go to trial.

The study concluded that one of the priorities for rescuing the principles of the rule of law in Colombia is "a justice system that responds to citizens' expectations for judicial services." The report's findings make it difficult to be optimistic. Colombia has a long way to go until its justice system can attain minimum standards of speed and efficiency.

www.cej.org.co
www.ilsa.org.co/justicia/index.html