case. 720 Nevertheless, regarding the outings of the said retired colonel from his place of
confinement, the Court notes that, on March 4, 2009, he visited his father in the Military
Hospital, after being authorized by the judge in charge of the proceedings, 721 and on June
11 and 12, 2011, he attended the marriage of his son in a Bogota social club, authorized by
the Superior Court of Bogota. 722 Thus, the Court notes that both outings were authorized
by the judicial authorities in charge of the proceedings and were permitted by law under
the Prison Code, which establishes the possibility of “exceptional permissions” being
granted for “serious illness […] of a close family member” or for “an event of particular
importance in the life of the inmate.” 723
464. Regarding incarceration in military facilities, the Court has indicated that the
restrictive and exceptional nature of the military criminal jurisdiction (supra para. 442), is
also applicable at the stage of execution of the punishment. 724 However, the Court notes
that this does not mean that incarceration in military facilities is per se a violation of the
Convention, or that retired or active members of the military cannot serve their sentences
in special places of confinement, including military facilities, due to exceptional
circumstances that would justify this measure.
465. The State has a particular obligation to ensure the rights of any individual deprived of
his liberty. 725 In this regard, the Court has indicated that the functions exercised by a
detainee prior to his deprivation of liberty may require taking special measures to
overcome any situation of risk to his life and physical, mental and moral integrity, in order
to ensure his safety fully within the detention center in which he is confined or to which he
may be transferred, or even by placing him in another detention center where his rights are
better protected. 726
466. According to the competent administrative authorities (INPEC), the Commander of the
Cavalry School was placed in the Infantry School based on the legal powers of INPEC with
regard to the transfer of inmates, and the health situation, security reports, and assessment
of the level of risk of each inmate. The Court notes that the domestic norms in force allow
special places of incarceration to be established for members of the security forces. The
Prison Code expressly allows the creation of special incarceration centers, as well as the
confinement of certain persons in special establishments or in facilities provided by the
State, for both pre-trial detention and to serve their sentence, at the discretion of INPEC,
“based on the gravity of the accusation, the safety conditions, the personality of the
individual, his record and conduct.” 727 In addition, the case file contains the documents
720
Cf. Case of the Gómez Paquiyauri Brothers v. Peru. Merits, reparations and costs. Judgment of July 8, 2004.
Series C No. 110, para. 145, and Case of Manuel Cepeda Vargas v. Colombia. Preliminary objections, merits,
reparations and costs. Judgment of May 26, 2010, para. 152.
721
Cf. Record of the public hearing of the Third Criminal Court of the Bogota Special Circuit of April 14, 2009
(evidence file, folio 21958).
722
Cf. Order of the Criminal Chamber of the Superior Court of Bogota of June 10, 2011 (evidence file, folio 25000).
723
Article 139 of the Prison Code cited in the motions and arguments
http://www.secretariasenado.gov.co/senado/basedoc/ley_0065_1993_pr002.html.
brief
and
available
at
724
Cf. Case of Manuel Cepeda Vargas v. Colombia. Preliminary objections, merits, reparations and costs. Judgment
of May 26, 2010, para. 152, citing Case of Barreto Leiva v. Venezuela. Merits, reparations and costs. Judgment of
November 17, 2009. Series C No. 206, para. 29.
725
Cf. Matter of the Mendoza Prisons. Provisional measures with regard to Argentina. Order of November 27, 2007,
tenth considerandum, and Matter of the Curado Prison Complex. Provisional measures with regard to Brazil. Order of
May 22, 2014, eighteenth considerandum.
726
Cf. Matter of María Lourdes Afiuni. Request for provisional measures with regard to Venezuela. Order of the
President of December 10, 2010, twelfth considerandum.
727
The pertinent norms are articles 16, 29, 73 and 75 of the Prison Code. The Court notes that article 29 of the
Prison Code authorizes the Director General of INPEC “to decide on confinement in special places, both for pre-trial
163
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