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Judgement No. T-236-12

Country/Territory
Colombia
Type of court
National - higher court
Date
Mar 22, 2012
Source
UNEP, InforMEA
Court name
Corte Constitucional
Seat of court
Bogotá D. C.
Reference number
T-2449625
Language
Spanish
Subject
Legal questions, Environment gen.
Keyword
Indigenous peoples Access-to-information Access-to-justice
Abstract

The Colombian Constitutional Court is asked to review the previous judgment of the Superior Court of Manizales.

The applicants claims is against the Regional Autonomous Corporation of Caldas, considering that they infringed the fundamental rights of the ethnic and cultural diversity, indigenous autonomy and due process when they applied the order the restore the forest before getting financial sanctioned.

The claim aims to declare null and void the administrative process and refer the case to the special indigenous jurisdiction, considering that the stolen timber was taken from the natural forest reserve that lives the indigenous community of the offender.

The Court considers appropriate to confirm the administrative procedure, however, recognizes the jurisdiction of the indigenous authorities to exercise jurisdiction over the conduct of its members, regarding logging and crimes against the environment.

Full text
sentenciac236-12-.pdf