Research article

THE PERSISTENCE OF THE PRISON CRISIS IN COLOMBIA

Liany Yetzira Hernández Granados, Gladys Adriana Espinel Rubio, Maritza Carolina Jaimes

Online First: December 18, 2022


This article analyzes the prison crisis in Colombia from a human rights perspective, based on the jurisprudence of the Colombian Constitutional Court, starting from the declaration of an unconstitutional state of affairs initially decreed by ruling T-153 of 1998, reconceived in ruling T-388 of 2013, reiterated in decision T-762 of 2015, and extended in ruling SU-122 of 2022. A qualitative methodology with a legal hermeneutic approach was used with a documentary design. First, the connotation of penitentiary and prison establishments from the perspective of Foucault, the legal framework, and the Colombian reality were addressed, then the main decisions of the High Constitutional Court were delved into, highlighting the most relevant findings of the persistence of the prison crisis in the country.

Keywords

Prisons, Unconstitutional State of Affairs, Human Dignity, Resocialization, Overcrowding, Constitutional Court.