Coronavirus in Colombia: some legal implications

Some Consequences of the Coronavirus (COVID-19) Pandemic in the Legal Sector

The coronavirus pandemic COVID-19, which began in December 2019 in China with reports of a group of people suffering from pneumonia of unknown cause, quickly spread worldwide, reaching Colombia in early March 2020. A particular characteristic of the virus is its ease of transmission, making urgent and appropriate measures to minimize interaction between people.

Some of its consequences in the legal sector.

Suspension of Legal Proceedings Timelines

Judicial hearings involve many people, including the judge, secretary, prosecutors, public defenders, lawyers, assistants, victims, journalists, experts, technicians, and the general public. To better understand these processes, you can read about Notification Methods in Judicial Proceedings (Note: This link is in Spanish) or What is a Conciliation in Colombia?.

Initially, proceedings in courts with the function of guaranteeing control and criminal courts with hearings for detained individuals were excepted, to be conducted virtually. The adopted provision also does not include the terms of the writ of protection (acción de tutela).

Visits to Penitentiaries and Prisons Totally Restricted

The INPEC and the Ministry of Justice established actions to protect inmates, guards, and prison administrators from the coronavirus. You can find more information on this area in our category on Criminal Law.

1. Medical brigades to verify the health status of those entering penitentiaries, consisting of surveys and temperature checks.
2. Acquisition of hygiene items such as antibacterial gel and soap to ensure handwashing.
3. Availability of medicines such as analgesics, anti-inflammatories, and antihistamines is permanently guaranteed.
4. Individuals with risks or symptoms of contagion will be identified.

The JEP (Special Jurisdiction for Peace) will suspend hearings and judicial timelines throughout the country. This suspension does not apply to Habeas Corpus: protecting Colombians’ freedom proceedings. All necessary containment measures against the spread of the coronavirus will also be adopted.

Economic Impact and Consequences in Various Areas

The rapid spread of Coronavirus (Covid-19) led to a state of emergency declaration in Colombia. The situation directly harms the economy but has repercussions across the board.

Situations involving business shutdowns; commercial, labor, and financial Assignment of a contract; provision and payment of public services; deadlines; and Insurance policies will operate at their limits in the scenario following the coronavirus, in the short and medium term. For more information on business and economic issues, visit our category on Corporate Law or articles on Economic Insolvency in Colombia.

Exemptions from Liability

In situations of public calamity and force majeure, Civil Liability in Colombia would apply. This exemption will only apply when the person, company, or entity has exhausted the means available to them to fulfill their obligations.

Health Precautions and Consequences

Experts indicate that approximately 75% of the population will contract the disease. With such a high level of contagion, the objective is to slow the course of the epidemic to prevent the saturation of health services.

Commitment of Servicio Legal

At Servicio Legal, we are committed to disseminating this information and providing the Lawyers in Colombia our clients require due to personal and business impacts. Contact us at Contact Us for assistance.