In the case of unlawful deprivation of freedom, which regime is applied to declare State liability?

Abstract

This paper aims to analyze the application either of the subjective regime or the objective regime by the State Council against cases of unlawful deprivation of freedoms addressed when holding the State liable. To this end the judgments by this high court between the years 2013-2016 will be analyzed. A situation that is intended to unravel in the jurisprudence of this High Court in the time range between the years 2013 to 2016. A qualitative explanatory research method was applied. This paper intends to offer the reader a clear and forceful explanation about the legal regime used in this matter.

Keywords

• state liability
• indictment criteria
• citizen
• unlawful deprivation of liberty
• case law
• state council
• years 2013 to 2016
• colombia