LA CONDENA JUDICIAL AL ESTADO: LA REGLA DE EQUILIBRIO EFICIENTE Y EL HACINAMIENTO CARCELARIO COMO MANIFESTACIÓN DE TRATOS CRUELES EN COLOMBIA (ANÁLISIS DEL CONSEJO DE ESTADO Y PROYECCIÓN CONPES 2025

Abstract

The Constitutional Court, through its jurisprudence, assumed the power to declare a State of
Unconstitutional Affairs by analyzing cases involving systematic and widespread violations
of fundamental rights. The Colombian prison system falls within the context of this State of
Unconstitutional Affairs. From Ruling T-153 of 1998 and repeatedly up to Ruling SU-122 of
2022, the Constitutional Court has recognized the existence of a State of Unconstitutional
Affairs in the country’s prisons due to conditions that limit access to health, hygiene and
minimum space within a prison. These situations have resulted in ongoing violations of the
fundamental rights of incarcerated individuals, causing unlawful harm for which the State is
responsible. Therefore, this study examines the State's responsibility for the living conditions
affecting the incarcerated population and the Colombian prison system. To this end, the
approach adopted by constitutional and administrative jurisprudence regarding overcrowding
was analyzed, not only considering it as a challenge in prison management, but also as a
systematic violation of human dignity that can lead to convictions when detention conditions
reach levels of cruel, inhuman, or degrading treatment.