Good faith third parties in criminal process

Alba Luz Osorio Ocampo v. Superior Tribunal of Bogota - Criminal Chamber

Date:  11/19/2019

Judge-Rapporteur:  Carlos Libardo Bernal Pulido

Concurrence:  Diana Constanza Fajardo Rivera

Facts.  The plaintiffs, 202 inhabitants of the Pino Sur neighborhood of the town of Usme, Bogotá D.C. considered their fundamental rights ignored by a judicial authority’s verdict.  The challenged decision confirmed the criminal conviction of a citizen for the charge of invasion of lands and buildings, where the neighborhood was later established.  The Tribunal also ordered, among other things, the restoration of the properties concerned to their owners and, on that account, the eviction of the petitioners and their families.  The claimants alleged land tenure in good faith, and the fact that they were not summoned to the criminal procedure to defend their rights.  The challenged authority asserted that its decision was not arbitrary and that the plaintiffs knew about the case but did not perform any act of defense.

Issue: Do third parties whose rights may be affected on a criminal trial have the right to be called for and exercise their right of defense?

Ruling and reasoning.  Yes.  The Court concluded that the decision in question incurred an absolute procedural defect, by ordering the restoration of the properties to the detriment of the complainants, who were never cited to the criminal proceedings.

Accordingly, the Court GRANTED the protection and rendered invalid the questioned judicial decision.   Above that, the Court left the door open for the possible victims to make use of pertinent legal actions in order to get the restoration of their properties and due reparations as the case may be.