the indigenous Luis Carlos García Tabue he was accused by the Prosecution for the death of Hildebrand Riverawho on January 26, coiled with the truck-driving —garbage collector— to a pregnant woman as his small daughter in vicinity of parque La Florida Bogota.
The women of the community of Embera Katio died in the place, which unleashed the wrath of the indigenous lynched —beaten to death—Rivera; Garcia is the only judicializado (peat) for this fact.
According to figures of the police National so far this year (cut 14 September) in the country has the record of 32 people have died in the middle of lynching.
In 2021 is reported 43 deaths, and in 2020 were 30. For cities, Cali is where lynchings have been reported between 2020 and 2022, with 21 murders. In Bogota and Medellin, in the same period, there were 16 cases in each one.
For the professor of Criminal Law from the Universidad Externado Colombia John David Bazzaniour country is governed for being a Social State of Law, which grants the State the obligation to work for the security, “so that there are laws and guarantees that establish that it is the State that should impart justice ”.
On the basis of this premise, for Bazzani, the citizens can't “exercise justice into their own hands, but that they have to go to the institutional procedures”.
self-defense
The criminal pointed out that the other is the situation that applies to self-defense, “when I go to kill you or me is going to attack, I can defend myself”, which he described as an exceptional situation because the justice model is constructed for the State the administration of justice.
Bazzani, he reiterated, “we do not exercise justice into their own hands, but exceptionally we can defend you in an autonomous way by invoking self-defense”.
For Bazzani exercise justice into their own hands is to deny the Social State of Law, and is “to become a delinquent.”
Register clear cases of self-defense as the doctor who in February 2020 was shot by three assailants —and caused the death— that it tried to steal and upload to a car when I was crossing the pedestrian bridge street 121 with race 9, to the north. Bogotá.
The doctor was able to demonstrate that you acted in defense of his life as the men threatened him with a gun and a knife, so that after the investigation, the Prosecutor's office found no grounds to charge him.
the exfiscal Francisco José Waistsaid that exercise justice into their own hands “in itself is a violation, previously it was a crime and that it was called the arbitrary exercise of one's own reasons”.
Waist pointed out that when someone “exerts its own reasons without the intervention of the justice is violating the law and committing the same crimes that reproaches”.
The expert said that in this type of behaviour there are no extenuating circumstances, but on the contrary it is a situation of aggravation because you can not claim that “there was anger, or intense pain because of these circumstances in the law are addressed when they have a weighting of immediate”.
In the majority of cases of vigilantism is no premeditation, as in the case of Landázuri, “because it had already been a while since you met the death of the family and they react as a form of revenge or driven by anger,” he concluded Waist.
The criminal said that it is the Attorney-General to the rightful advance the research office, after learning of the facts, on the identification and individualization of those who participated in these scenes of violence.
For the lawyer Francisco Bernate it is important that justice act, “because we have a lot of time in which the people exercise the law into their own hand and never goes nothing.”
For this reason he said to the lawyer, it is time for the authorities to take very seriously the issue on the basis of precedent for that urged the Prosecution to give background and reject this kind of facts already known the results of the ongoing investigations.
For Bernate to the people who commit this kind of facts they can charge for aggravated homicide and even crimes such as torture, aggravated that could give them a sentence of up to 50 years in prison.
