17. The petitioner alleges that by illegally arresting them and
encouraging their exile, the State prevented the victims from providing
the services for which they were contracted.
It also introduced
“legislation” preventing them from receiving the earnings they would
have been entitled to during the time when the illegal situation kept
them from working. The petitioner also claims that the right of equality
before the law was breached in that those agents of the public
administration who continued to work, and those who did not on
account of force majeure, continued to receive their salaries. Being a
“detainee” must be considered an instance of force majeure and,
consequently, must be covered by the terms of Article 14.c of Decree
3413 of 1979.
18. The petitioner believes that the right to private property was
violated, which is closely related to the guarantee of equality before the
law and the right of fair remuneration for work. In this regard, it holds
that the right of property covers all the credits, expectations, and assets
in general that in any way make up a person’s patrimony. In particular,
wages and the corresponding right to receive them are, on account of
both their nature and their purpose, an expression of the right of
property and, that being so, the State is obliged to protect them.
19. The petitioner also claims that the right to a justice and fair
trial was violated in that, first, the judge did not rule on the legal and
factual allegations put forward in the suit and, second, he introduced a
completely spurious issue into the case, saying that the events that led
to their absence from work were eminently political in nature and the
result of actions by the executive branch and that therefore the General
Tax Directorate could not be held responsible for them. With this, the
judge introduced a defense that had not been used by the defendant at
trial; this was therefore an arbitrary action in that the affected party was
unable to discuss its admissibility, thus undermining the right of defense
as guaranteed by the Constitution.
B.
The State’s position
20. The State maintains that this claim is based on the payment
obligations of the General Tax Directorate as the employer and that the
administrative proceedings initiated, pursuant to Article 39 of Decree
1798/80, ruled that earnings are not to be paid when the suspension
arises from actions unrelated to work, except for the time following
release and prior to a return to work being authorized. Consequently,
judicial decisions under that jurisdiction, in accordance with current law
and jurisprudence, have maintained that “no payment shall apply when
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