El fuero judicial de los pueblos indígenas frente a la justicia ordinaria y la responsabilidad del Estado colombiano por su vulneración fáctica

Abstract

The courts in Colombia are making the state liable to the international community for breach of the International Labo r Organization‘s Convention 169. This convention defines due process for members of indigenous communities. In most cases in which indigenous people have committed crimes against members of their community on tribal lands, and they have been tried in regul ar criminal courts, these trials have violated basic principles of justice, such as the principle of legality and the right to be tried by a preexisting court. Convention 169 orders that indigenous people who commit a crime be granted a series of benefits; these benefits apply both in the special conditions of their territories and outside of their territories.