SU-373/19
Right to appeal the first judgement of conviction by The Supreme Court of Justice - Criminal Room
Martin Emilio Morales Díaz v. Supreme Court of Justice - Criminal Appellate Chamber & another
Date: 08/15/2019
Judge-Rapporteur: Cristina Pardo Schlesinger
Concurrence: Carlos Libardo Bernal Pulido
Facts. The plaintiff, who was Senator at the time, was found guilty and convicted for the commission of several offenses related to his alleged participation in paramilitary and drug trafficking activities. He appealed this sentence, but it was declared inadmissible, because when the trial started, there were no express regulation authorizing the right to appeal decisions of the Criminal Room of the Supreme Court. The complainant filed legal action against the denial of the Court, claiming the violation of his constitutional right to appeal.
Issue: Does a person have the right to appeal the first judgement of conviction decided by the Supreme Court of Justice even without express regulation giving him/her such right?
Ruling and reasoning. Yes. To reach this decision, the Chamber explained that there is a constitutional right to appeal first conviction judicial decisions for every person. Furthermore, when such right was guaranteed by the Constitutional Amendment of 2018 regarding first conviction decisions made by the Criminal Room of the Supreme Court. In such a case, there should be immediately applied the regulation changes in the criminal proceedings.
As a result, the Court GRANTED the amparo and ordered to apply Law 600 of 2000 with regard to the support and processing of the appeal, as well as the provisions of paragraph 7 of Article 235 Superior, regarding the resolution of the request for double judicial approval of the first sentence. Finally, the Chamber, once again, urged the Congress of the Republic to regulate the procedure to exercise this right. It also exhorted the Superior Judicial Council and the National Government to undertake the analysis of what the necessary measures and resources are to implement the right to appeal the first judgement of conviction, referred to in judgement SU-217 / 19. For that purpose, the Supreme Court of Justice would be invited to participate within the framework of the principle of harmonious collaboration among governmental institutions.
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