SU-146/20
Supreme Court criminal conviction first appeals and fundamental right to due process
Andrés Felipe Arias Leyva v. Supreme Court of Justice – Criminal Room
Date: 05/21/2020
Judge-Rapporteur: Diana Constanza Fajardo Rivera
Concurrence: Diana Constanza Fajardo Rivera. Cristina Pardo Schlesinger.
Dissent: Alejandro Linares Cantillo. Antonio José Lizarazo Ocampo. José Fernando Reyes Cuartas. Alberto Rojas Ríos
Facts. The plaintiff claimed that the Criminal Room of the Supreme Court violated his right to appeal a conviction, by denying the challenge he presented on several occasions against the first ruling that condemned him for offenses committed when he was Agriculture Minister, related to entering into a government contract not following the legal requirements and peculate by misappropriation of public funds in favor of third parties.
Issue: Does a person convicted by the Criminal Room of the Supreme Court have the right to appeal even when there is no express regulation giving him/her that right?
Ruling and reasoning. Yes. The Court considered that the fundamental right to due criminal process has to be guaranteed so the defendant can appeal the first criminal conviction issued by the Supreme Court. The Chamber elaborated on article 253 of the Political Constitution about the right to appeal in criminal cases, especially those carried out by the Supreme Court, to conclude that this procedural protection follows a national and international standard that must be immediately applied to any criminal procedure.
As a result, the Court GRANTED the motion and also urged the Congress of the Republic, once again, to regulate the procedure to exercise this right. It also exhorted the Superior Judicial Council and the National Government, to undertake, with the participation of the Supreme Court of Justice, the analysis of what the necessary measures and resources are to implement the right to appeal the first judgment of conviction, referred to in judgments SU-217/19 and SU-373/19.
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