De La Responsabilidad

Abstract

The image contains news about the responsibility that the government has for damages to foreigners in the civil war, the terms established by the constituent legislator of 1886 in Colombia with respect to the authorities of the Republic. The obligation of these authorities to protect all people residing in Colombia in their lives, honor and property is emphasized, as established in article 19. In addition, the principle is addressed that, in time of peace, no one can be deprived of its property totally or partially without penalty, duress, compensation or general contribution, according to article 32. In case of war, expropriation can be decreed by non-judicial authorities only to restore public order, and it is not necessary that it be prior to the compensation, as indicated in article 33. The responsibility of the Nation for expropriations carried out by the Government is highlighted.

The second paragraph focuses on the discussion of the Government's responsibility for damages caused to foreigners. It is argued that, regardless of the system of legal reciprocity established in the Constitution, there is no need to invoke specific texts of internal Public Law to affirm the responsibility of the Government for the acts of its agents. It is noted that foreigners, by placing themselves under the protection of laws and authorities, have the right to compensation if government agents fail to fulfill their security duties. In addition, several avenues for obtaining compensation are mentioned, including ordinary judicial channels, international joint commissions and diplomatic action, highlighting the advantages and disadvantages of each approach. The conclusion underscores the importance of determining government responsibility in principle for damages during civil wars. News published by the newspaper El Comercio, No. 41, 08/24/02.