The lawsuit formulates factual defects charges against various provisions of Law 1801 of 2016 (the new police code) and is divided into two parts: In the first, a few provisions on social protest are demanded, since they directly violate Articles 29 (principle of legality ) and 37 (right to public and peaceful protest) of the Constitution, as well as Article 21 of the International Covenant on Civil and Political Rights.
In the second part, several norms that grant powers to the police to move or drive citizens are demanded, since these affect personal liberty rights that are recognized by the Constitution.
"The police [in Colombia] is an organization that is highly questioned and investigated by multiple scandals of corruption and violations of fundamental rights, and instead of making a reform of the institution -which is what should be done-, its decided to create a code that provides immense powers to the police" says Senator Ivan Cepeda, who adds that "the authorities will be able to enter the home of any citizen, because there will be no control of verifying that the criteria of the code are being complied, also, they will be able to prevent citizens from participating in social mobilization".
This is an initiative that many sectors expect to be addressed "in virtue of the times of peace that are coming" since the code is one "for dictatorships, and that doesn’t work for post-conflict or peaceful coexistence" says Representative Alirio Uribe.
The legal action was filed by Congressmen of the Polo Democrático Alternativo, Alexander Lopez, Victor Correa, Alirio Uribe and Ivan Cepeda, as well as the Representative to the Chamber Angela Maria Robledo from the Partido Verde [Green Party]. As well, the Colombian Commission of Jurists, the Lawyers Collective José Alvear Restrepo and the Human Rights Observatory of the Colombia-Europe-United States Coordination, are the promoters of this initiative.