The Politicization of Justice in Colombia
Political philosophy
The citizens of the polis are constantly questioning
themselves on an issue of vital importance such as social justice, since the
governments pass and the same sectors that have always been in misery continue
to fall, the presence of those who can help them comes only in electoral times.
The violence is blamed on the growing business of illicit crops and criminal
rents. They also question the role of democracy, valid questions in an
increasingly chaotic society, even with the possession for the first time in
history of a progressive government that, after its first year, does not
register major advances of the “promised change”.
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The problem in Colombia, is not of the ideological
currents, of the left, of the ultra-left, of communism, of the guerrillas (now
a political actor) – although in other countries they are still designated as
terrorists -, nor of the right, of the ultra-right, of the paramilitaries, much
less of social democracy or the center, even of religions and institutions that
support the Social State of law.
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Could it be that justice in Colombia is politicized and that is why the country is living this state of affairs? What a chilling question that in your opinion you will be able to elucidate once you finish reading this cry for justice, since it is the trigger for so much corruption that permeates the private, the public and all social classes as an individual.
Dr. Ricaurte Losada Valderrama, author of the book
entitled “Justice at the Service of Politics”, who was also judged unfairly in
political terms and is awaiting the outcome of a lawsuit before the
Inter-American Court of Human Rights (IACHR-OAS), for the violation of his
human rights, unravels the crudeness of this phenomenon that, in the next line,
I will quote, not without first making it clear that this article of a
philosophical nature does not intend to attack anyone, what it intends is to
create an emergency, that is the call of the philosopher, questioning ourselves
as a society, amen to many other questions of all nature.
Because, believe it or not, we continue to
philosophize in pandemic, in the pandemic of corruption.
"Justice is essentially politicized for two
reasons: because the main bodies of the Judicial Branch have many electoral
functions that it is essential to eliminate them because they are outside the
judicial function. Hence its widespread politicization and, moreover, because
its magistrates do not have a real judge to investigate and judge them.”
“As for the first, the judges of the Supreme Court of
Justice elect the Attorney general of the Nation; two judges of the Superior
Council of the Judiciary; they choose a member of the shortlist to elect the
attorney general of the Nation and another to elect the comptroller general of
the Republic; they present one of the three shortlist paths to elect the judges
of the Constitutional Court; its president is one of the three presidents who
chooses the national registrar of civil; he elaborates the shortlist from which
the Council of State elects the auditor of the Office of the Comptroller
General of the Republic and, as if all this were not enough, they choose their
replacements.”
"For its part, the Council of State elects three
judges of the Superior Council of the Judiciary; chooses another member of the
shortlist to elect the Attorney general of the Nation and another to elect the
comptroller general of the Republic; presents one of the three shortlist paths
to elect the judges of the Constitutional Court; elects the auditor of the
Comptroller General of the Republic and the accountant general of the State, as
well as by co-opting, the members of the Council of State itself and its
president participates in the election of the national registrar of civil
status.”
“The Constitutional Court, a corporation that has the
fewest electoral functions, however, elects a magistrate of the Superior
Council of the Judiciary; it chooses a name to form the shortlist from which
the comptroller general of the Republic is elected, another to elect the
attorney general of the Nation and its president appoints with the presidents
of the Supreme Court of Justice and the Council of State the national registrar
of civil status.”
"With this panorama it is clear that judges have
to spend a lot of time on electoral activities that distract them from their
function of administering justice and that the origin of the main positions of
the Judicial Branch is political, because for the election of the judges of the
Supreme Court and the Council of State a list is drawn up by the Superior
Council of the Judiciary and that the judges of the Constitutional Court are
elected by the Senate and, therefore, many of their rulings are political, as
were mine, facts sufficiently proven and exposed in my book, Justice at the
Service of Politics.”
"It is inescapable, then, that in these
circumstances the magistrates are not influenced by political and electoral
factors.” “As for the first, the judges of the Supreme Court of Justice elect the Attorney general of the Nation; two judges of the Superior Council of the Judiciary; they choose a member of the shortlist to elect the attorney general of the Nation and another to elect the comptroller general of the Republic; they present one of the three shortlist paths to elect the judges of the Constitutional Court; its president is one of the three presidents who chooses the national registrar of civil; he elaborates the shortlist from which the Council of State elects the auditor of the Office of the Comptroller General of the Republic and, as if all this were not enough, they choose their replacements.”
“The Constitutional Court, a corporation that has the
fewest electoral functions, however, elects a magistrate of the Superior
Council of the Judiciary; it chooses a name to form the shortlist from which
the comptroller general of the Republic is elected, another to elect the
attorney general of the Nation and its president appoints with the presidents
of the Supreme Court of Justice and the Council of State the national registrar
of civil status.”
"With this panorama it is clear that judges have
to spend a lot of time on electoral activities that distract them from their
function of administering justice and that the origin of the main positions of
the Judicial Branch is political, because for the election of the judges of the
Supreme Court and the Council of State a list is drawn up by the Superior
Council of the Judiciary and that the judges of the Constitutional Court are
elected by the Senate and, therefore, many of their rulings are political, as were
mine, facts sufficiently proven and exposed in my book, Justice at the Service
of Politics."tado to the national registrar of civil status.”
"It is inescapable, then, that in these
circumstances the magistrates are not influenced by political and electoral
factors.” ricaurtelosada@hotmail.com Lozada (2019)
Do you, respected readers, believe that, with such a
visible burden of electoral activities, as can be appreciated, justice can
impart justice to the corrupt, ¿this being ultimately the spark of so much
impunity and violence?
Reference
Lozada, R. (2019). La Justicia al Servicio de la Política. Régimen
Insostenible. Bogotá, D.C.: Ibeñez. .jpeg) |
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