Colombian police convicted over protester's death

The Administrative Tribunal of Cundinamarca has found the Colombian police responsible for the death of Dilan Cruz, an 18-year-old who died on November 25, 2019, after being shot in the head by an anti-riot officer during protests in Bogotá. The tribunal stated there was a "failure in service" because the police classified the weapon used, a 12-gauge shotgun, as "less lethal" without properly informing officers of its potential to kill.

The ruling highlighted that this misclassification prevented a correct assessment of the necessity, proportionality, and rationality in the use of force. Evidence did not show a level of violence that justified using a weapon capable of causing death. The tribunal emphasized that Cruz was exercising his right to protest and that returning tear gas did not legitimize the use of a lethal weapon. It also stressed that protests cannot justify authorities infringing on fundamental rights like life or human dignity.

The court dismissed claims of shared blame by the protester and deemed the case a "grave human rights violation." Consequently, it increased the compensation awarded to Cruz's family for moral damages, exceeding conventional amounts for such cases. The sentence mandates the police commander to issue a public acknowledgment of responsibility and an apology to the victim's family on behalf of the institution.

The incident occurred during social protests in 2019 against the government of then-President Iván Duque. His successor, Gustavo Petro, renamed and reformed the Esmad riot squad into the Unit for Dialogue and Order (Undemo). However, incoming president Abelardo de la Espriella, set to take office on August 7, has proposed reinstating the Esmad to manage violent protests.