Indigenous rights and deprivation of liberty in penal system; Ethnic and cultural diversity of indigenous people

Alejandro Copete Robles v. Penitentiary and Prison Facility of Valledupar (Spanish short EPCAMS)

Date:  08/31/2020

Judge-Rapporteur:  Cristina Pardo Schlesinger

Concurrence: Alberto Rojas Ríos

Facts.  A citizen who is a member of the Arhuaca indigenous community. filed a legal action, as an inmate of a Penitentiary and Prison Establishment of Valledupar, against the director of the said detention center.  The plaintiff considered that his fundamental rights to diversity, ethnicity, equality, and cultural identity were violated by the refusal of the administration to authorize the entry of the ayú and poporo, handcrafted items linked to artisanal customs of the members of the Arhuaca indigenous community, to which he belongs.

Issue:  Can indigenous rights be disrespected by refusing the entry of handcraft items linked to the native culture and customs to the penal facility?

Ruling and reasoning.  Yes. The Court upheld the plaintiff's fundamental rights to diversity and ethnic and cultural identity, equality, and human dignity. The Forum considered that the denial of the entry of the handcrafted artifacts by the Director of the prison had violated the fundamental rights of the plaintiff due to the following: (i) the plaintiff was a subject of special constitutional protection since he was a member of the Arhuaca indigenous community; (ii) the use of the coca leaf has been widely recognized as a valid and legal indigenous tradition, protected by the Constitution; and (iii) the banning by the prison authorities implied the violation of the fundamental right to diversity and ethnic and cultural identity of the inmate. Consequently, the Chamber ordered the entity in question to authorize the entry and use of the ayú and poporo within the prison in which the actor was deprived of liberty.