Suspension of extradition proceedings during state of emergency caused by Covid-19 pandemic

Constitutional review of Presidential Decree 487 Of 2020

Date:  06/25/2020

Judge-Rapporteur:  Alejandro Linares Cantillo

Dissent:  Luis Guillermo Guerrero Pérez.  Gloria Stella Ortiz Delgado.  Antonio

José Lizarazo Ocampo.  Carlos Libardo Bernal Pulido

Reviewed decree­.  The Presidential Decree issued special measures in matters of extradition on the occasion of the State of Emergency declared throughout the national territory, as a consequence of the COVID-19 Pandemic.  One of those decisions was to suspend extradition proceedings during the disease.

Issue: Is the decree in accordance with the principles and provisions of the Constitution, both for substantive aspects and for formal matters, concerning the extradition proceedings suspension?

Ruling and reasoning.  The Court considered that the provision in question was issued in compliance with the formal requirements as provided by the Constitution. However, it estimated that its content is in conflict with the due process whose right is guaranteed to the persons requested in extradition.

Consequently, the Court RULED THE INCONSTITUTIONALITY of the challenged regulation, based upon a number of contradictions to basic constitutional principles such as the absence of arbitrariness, non-specific contradiction with constitutional and international treaties dispositions, and proportionality.  The Chamber clarified that this decision has no effects on the the suspension of terms for 30 days of the extradition procedures in trials where final conviction has been reached, and the extradition has already been granted at the time of issuing of the Presidential Decree 487 of 2020.