2024-03-26 05:05:04
Tuesday, March 26, 2024
Colpress
The inmate asked to be transferred to a prison in Medellín to be with his family before he died, but the request was denied.
Carlos Jaramillo Palacio
The First Review Chamber of the Constitutional Court protected the rights to human dignity and family unity of a person deprived of liberty who had been diagnosed with a cancerous brain tumor with a short life expectancy.
The inmate asked Inpec at the time to be transferred from Bogotá to a prison in Medellín so he might be close to his family before he died. In addition, he asked a sentence execution court to grant him conditional release, But Legal Medicine, following an assessment, considered that it did not prove the requirement of having a serious illness incompatible with intramural confinement and therefore the court denied the request.
In its ruling, the Court reiterated that in the prison and penitentiary system there is an unconstitutional state of affairs that is characterized by the authorities treating people deprived of their liberty as contrary to human dignity.. In this context, and based on empirical studies on prisons, the Court considered that the guardianship judge can contribute to overcoming this undignified treatment. In this way, judges should not wait for the penal, prison and penitentiary system to be reformed to ensure the rights of the population deprived of liberty.
On the contrary, says the Court in the ruling of the magistrate, Natalia Ángel Cabo, they must act immediately to stop the inhuman effects generated by the current operation of the prison.. The second aspect that was highlighted in the decision is how the High Court recognizes that people have the right to be accompanied in death if they so wish, as a guarantee of their human dignity.
Based on studies in the field of palliative care and philosophy, the Court found that at the moment of death a diversity of emotionalities arise that are not necessarily pain and suffering, but that, for many people, require socialization in order to They and their loved ones can give meaning to life and to that moment. “Just as throughout our lives we require others to understand what we feel and so that our thoughts and feelings do not consume us, at the moment of death we may also feel the need for those verbal or non-verbal human dialogues in which the understanding of our existence is built“, the agency highlighted in its ruling.
This is how the Chamber concluded that the way Inpec analyzed the case was not consistent with a human rights perspective and found it disproportionate that the plaintiff – who is in serious pain – He will be denied the possibility of being close to his family before he dies with the argument that he represents a certain danger and needs specific security measures that only the prison he is currently in provides.
Finally, the Court warned that Forensic Medicine must reconsider the seriousness of the plaintiff’s illness because its previous concepts had been limited to verifying the person’s hemodynamic condition, but they never analyzed whether, given his illness, the plaintiff might not continue in confinement. intramural. And just as the court executing sentences must once once more study the possibility of granting the plaintiff house arrest.
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