The actions of Colombian President Gustavo Petro during his two years in office are being scrutinized by various international organizations. Among them is the Human Rights Institute of the International Bar Association (IBAHRI), which has raised concerns about a potential pattern of recent incidents that threaten the independence of the judiciary in Colombia.
The IBAHRI has pointed out that President Petro’s comments regarding the judiciary and individual judges often arise in response to judicial decisions that impact his proposed reforms or presidential mandate. This behavior, according to the organization, poses a threat to the separation of powers, a fundamental principle of democracy.
In February 2024, this tension escalated when protesters surrounded the Supreme Court of Justice during deliberations about the election of the Attorney General. Following the incident, the government denied any involvement in inciting the siege and claimed to have sought to protect the judges by removing human barricades around the courthouse. On February 11, Petro commented on this incident via social media, criticizing the Supreme Court for its inability to make a decision on the new Attorney General and emphasized the right to “peaceful citizen mobilization.”
The IBAHRI document also highlights other incidents where President Petro has questioned the independence and actions of the country’s high courts. One notable instance was his attack on the Constitutional Court’s ruling, which prohibited extractive industries from deducting royalties paid to the government from taxable income. In reaction, Petro suggested that this ruling could lead the Minister of Finance to consider cutting budgets for the three branches of government.
The report also emphasizes the clash between Petro and the National Electoral Council (CNE) after the CNE announced an investigation into alleged irregularities in his presidential campaign funding. In response, the president called on his supporters to take to the streets in protest and to “peacefully surround the centers of power in Colombia until constitutional authority is restored.”
Another point of contention arose when the Council of State nullified Petra’s intentions to regulate public services. Following this, the IBAHRI expressed that such derogatory remarks could intimidate judges and interfere with their ability to perform their duties without fear of repercussions.
The Human Rights Institute emphasized that Petro’s actions could undermine public trust in state institutions, which is detrimental to the rule of law in the country. The report warns that the president’s conduct serves as a clear warning of the threats to judicial independence and the separation of powers within Colombia.
In conclusion, the IBAHRI has urged President Petro to reflect on his responsibility to protect the independence of the judiciary and to refrain from denigrating judges for fulfilling their functions. The organization stresses the importance of maintaining the integrity of judicial independence for a functioning democracy.
Image and News Source: https://www.infobae.com/colombia/2024/07/24/abogados-dieron-jalon-de-orejas-a-gustavo-petro-debe-proteger-la-independencia-de-poderes/
