Court condemns Police for Dilan Cruz's death and classifies it as grave human rights violation
The Administrative Court of Cundinamarca determined that the National Police is responsible for the death of young Dilan Cruz during the 2019 protests and classified the case as a grave human rights violation.
Court condemns Police for Dilan Cruz's death and classifies it as grave human rights violation
A Colombian court determined that the National Police must answer for the death of Dilan Cruz, an 18-year-old teenager who lost his life during the protests of the 2019 National Strike. The judicial corporation classified the incident as a grave human rights violation.
The young man, who was due to graduate as a secondary school student on the same day of his death, was struck in the head by a projectile fired by a member of the Mobile Anti-Riot Squad (Esmad), currently called Undmo, on the intersection of 19th Street and 4th Avenue in Bogotá.
According to a report from the Legal Medicine Institute, the projectile was of the "Bean Bag" type, a fabric bag containing multiple lead pellets.
The ruling pointed to a deficiency in service, as the institution classified the weapon as "less lethal" without providing adequate information to officers about its deadly potential. This prevented the evaluation of the principles of necessity, proportionality and rationality in the use of force.
Additionally, the court indicated that the evidence did not show a context of violence that would justify employing a force capable of causing death.
The decision also defended Cruz's right to protest and clarified that the legitimate exercise of this right cannot be grounds for authorities to violate other fundamental rights, such as life or human dignity, of those participating in peaceful demonstrations.
Although it was mentioned that Cruz and those accompanying him threw back tear gas canisters launched by the Esmad, the court specified that this did not legitimise the use of a potentially lethal weapon.
The judicial authority ruled out any concurrent fault on the part of the protester and determined that the case constitutes a grave violation of human rights. For this reason, it increased compensation for moral damages above ordinary amounts.
Cruz's mother will receive 150 current legal monthly minimum salaries (SMLMV); his three sisters and his brother, 75 each; and his grandfather, another 75. With the current minimum wage of $1,750,905, the total compensation would exceed $919 million pesos.
As a measure of reparation, it was ordered that the commander of the National Police carry out a public act of institutional acknowledgement of responsibility and apologise to the victim's family members, considering that the death occurred whilst the victim was legitimately exercising his constitutional and conventional right to protest.
In November 2024, the Procuracy sanctioned uniformed officer Manuel Cubillos Rodríguez with a fine of $14 million for the shot that injured Cruz. That decision was criticised because it classified the incident as a serious violation and not as gravest.
_Source: El Tiempo_
Source: Google News CO — Bogotá