The International Bar Association's Human Rights Institute (IBAHRI) monitors a pattern of recent incidents that appear to undermine the independence of the judiciary in Colombia, and therefore threaten the separation of powers, a cornerstone of democracy. These incidents include: continued derogatory comments made by President Gustavo Petro against the judicial branch and individual judges, which might have influenced the siege of the Supreme Court of Justice by demonstrators in February 2024; allegations of state intelligence surveillance of the judiciary through interception of communications; and President Gustavo Petro's proposed reform to the Colombian Constitution.
Derogatory statements against the judicial branch and individual judges
The IBAHRI notes with concern President Petro's continuous disparaging comments against the judiciary. Petro claimed in many instances having been victim of an institutional coup orchestrated by the Attorney General to oust him from power, or the target of a lawfare by the judiciary against his government. The President's verbal attacks against the judicial branch are usually issued in the context of rejecting decisions impacting his proposed reforms or presidential mandate. It is to be noted, however, that none of the relevant decisions by the High Courts of Colombia have been reported as in contrast with the country's constitutional order.
Among the incidents deserving specific attention:
On 16 November 2023, the Constitutional Court issued a decision striking down part of a legislation promoted by Petro as part of his tax reform, with the aim of increasing the government's revenues. The Court declared the provision that prohibited extractive companies from deducting royalties paid to the government from their taxable income to be unenforceable. Reacting strongly on his X account to the Court's decision, President Petro warned that because of this ruling, the Minister of Finance might consider cutting the budget of the three branches of the public power.
On 8 February 2024, the Supreme Court of Justice met for a second time to deliberate on the election of a new Attorney General but was unable to reach a qualified majority on one of the three candidates presented by President Petro. In response, Petro called on supporters to take the streets and protest the delays in the appointment of the new Attorney General. As a result, a demonstration took place, which culminated in the Court being subjected to a siege by demonstrators who forcibly blocked the entrance and exit of the Colombian Palace of Justice, as a pressure mechanism against the Supreme Court to compel it to appoint the new Attorney General.
