41
social origin. Additionally, the suspension of the rights and guarantees set forth under
subparagraph 2 of Article 27 of the American Convention on Human Rights shall not be
143
ordered.
157. Colombia’s Constitutional Court reviewed Decree 1837, and found that the state of
emergency was constitutional and explained its reasoning.144 In Judgment C-802-02 the Constitutional
Court found that the state of emergency is enforceable as the President is exercising “his discretionary
authority within the boundaries established by the Constitution”; it also held that there was no manifest
error “in the assessment of the severity of the upheaval and its implications for the democratic system
of government in Colombia.”145 The Court, however, wrote that the President’s “authority is neither
unlimited nor arbitrary,” as the President must observe “the criteria established in the Constitution, the
international human rights treaties to which Colombia is party and the Statute on States of
Emergency.”146
158. The State extended the state of emergency for the first time on November 8, 2002, 147
and then again on February 5, 2003.148 It notified the OAS Secretary General of the first extension in a
note dated November 12, 2002;149 the second was reported on February 12, 2003.150
159. Under the state of emergency and in furtherance of the provisions of Decree 1837, the
State also adopted Decree 2002 of September 11, 2002, in which “measures are adopted aimed at
controlling public law and order and the areas targeted for rehabilitation and consolidation are
defined.”151 In Judgment C-024-02, the Constitutional Court held that some provisions of this decree
were enforceable, including those that authorized the police and members of the Army to make arrests,
conduct searches and stop persons, without a court order.
143
Annex 50. Colombian State’s Note. DM OJ 29607, August 12, 2002. In its note, the State submits as an annex
Decree Number 1837 of 2002.
144
Constitutional
Court
http://www.corteconstitucional.gov.co/
of
Colombia,
Judgment
145
Constitutional Court of Colombia, Judgment C 802-02.
146
Constitutional Court of Colombia, Judgment C 802-02.
C
802-02,
available
[in
Spanish]
at:
147
IACHR, Annual Report 2002, Chapter IV: Colombia, Section VI: The Declaration of the State of Emergency,
OEA/Ser.L/V/II.117, Doc. 1 rev. 1, March 7, 2003, paragraph 64; Annex 40. Office of the President of the Republic of Colombia,
Decree No. 2555 of 2002, November 8, 2002; Annex 41. Office of the President of the Republic of Colombia, Decree 245 of
2003, February 5, 2003.
148
IACHR, Annual Report 2002, Chapter IV: Colombia. Section VI. The Declaration of the State of Emergency,
OEA/Ser.L/V/II.117, Doc. 1 rev. 1, March 7, 2003, paragraph 64.
149
Annex 51. Colombian State’s note to the OAS Secretary General, dated November 12, 2002. With its note, the
State attaches Decree No. 2555 of 2002.
150
Annex 52. Colombian State’s note to the OAS Secretary General, dated February 12, 2003. The State attaches
Decree No. 245 of 2003 as an appendix to its note.
151
Annex 53. Ministry of the Interior, Decree 2002 of 2002, dated September 9, 2002. The Decree also provides that
“some area in the country have been particularly hard hit by the activities of criminal organizations; those areas have to be set
apart as areas targeted for rehabilitation and consolidation, to ensure that specific measures are taken there to root out the
causes of the disruption to public order and prevent their effects from spreading elsewhere.”