Date of publication:

07/07/2025

Colombia

Please describe the judicial system in the state.

ANALYSIS

The Administration of Justice is part of the public function performed by the State, entrusted by the Political Constitution and the law, to enforce the rights, obligations, guarantees and freedoms to achieve social coexistence. 

The Judiciary Power is made up of the bodies comprising the Justicia Ordinaria, Jurisdicción Contenciosa administrative, Jurisdicción Constitucional, Jueces de Paz, Jurisdicción Especial Indígena and Fiscalía General de la Nación. 

Exceptionally and in accordance with Article 116 of the Constitution and Article 13 of the Statutory Law of the Administration of Justice, other authorities exercise jurisdictional functions, such as the Colombian Congress , the administrative authorities, and some individuals in the exercise of the tasks assigned therein.

The ordinary judiciary structure is as follows:

  • Supreme Court of Justice: It is formed by 23 magistrates, elected by the same corporation for individual 8-year terms.
  • Superior Tribunals of Justice: created in each Judicial District by the Administrative Chamber of the Superior Council of the Judiciary, for the fulfillment of the functions determined by procedural law.

Lower courts: is responsible for enforcing the rights, obligations, guarantees and freedoms protected by the Constitution and the laws, in order to achieve and maintain social coexistence.

The special judiciary structure is as follows: 

  • Military tribunals: have jurisdiction over offenses committed by members of the police and the military on active service and in relation to their service, in accordance with the Military Penal Code.
  • National Electoral Council: special jurisdiction (to make a final decision) concerning matters related to electoral issues.
  • Special Jurisdiction for Peace: special tribunals created by an agreement between the national government and FARC (Fuerzas Armadas Revolucionarias de Colombia). This jurisdiction is responsible for administrating justice for crimes committed before December 1 of 2016, during the internal armed conflict.

The Judicial Chambers for Justice and Peace were created to try those paramilitaries and guerrilla members who may have been guilty of crimes, according to the terms of Statute 975 of 2005.

Indigenous and Afro-descendants: exercise their jurisdictional functions within their territory following their laws as long as they are not contrary to the Constitution and other existing laws.