FOREWORD
Once our Constitution has passed the spring splendor 15 years and consolidate the internal developments of the new constitution drawn up by the Constituent Assembly of 1991, the Colombian lawmaker , though belatedly, fulfill the duty of making available to the inhabitants of the territory of Law 1095 of 2006, through which regulates Article 30 of the Constitution, a statute that becomes the ideal tool for the development of clear fundamental principles and guarantee a right that is axial aspect of our legal system, freedom and right to enjoy it.
The vicissitudes of our history and current context in which social life unfolds, would note that the Habeas Corpus Act fills a major gap in legislation, allowing everyone who believes is illegally caught, or, who was unlawfully prolonged deprivation of freedom, go to half expeditious, flexible, informal and principal in search Thus cessation of unlawful deprivation of liberty as illegal extensions to the detriment of the same run the authorities.
should not be forgotten that illegal catches, illegal extensions of deprivation of freedom, similar to what happens to the crime of kidnapping, reach not only those who suffer deprivation of the right essential to locomotion but the family environment and that of their friends, and the Colombian society as a whole day notice to the irrationality of those with no knowledge of the basic rules of coexistence from.
wonder no longer an institution with so much history and so essential to a social state Democratic rule of law in favor imposing human dignity and the full enjoyment of fundamental rights, has stayed on as researchers ostracism engaged in little or no legal science have paid attention to it.
Therefore, the appearance of Habeas Corpus compendium in the Colombian legal system becomes a real event for those dedicated to the legal task, as the same full-and far-the huge gap that existed on doctrinal matters.
is no doubt that the preparation of this volume has been a pharaonic undertaking to the authors, since the passing for the pages Asaz can see what is universal and comprehensive literature-reviewed national and foreign, as well as the jurisprudence of various Colombian judicial authorities, especially from the Supreme Court and Constitutional Court, bearing in mind that appointments are planted of the most important decisions and recommendations of international authorities from multilateral source.
Habeas Corpus in the Colombian legal system is a work in which depletes the study, without closing the epistemological options-important institution of Anglo-Saxon root as discussed. The chapters that give up all responses that may result from the figure from the point of view of history and its evolution at different latitudes and in the locale. The specific analysis of the 1095 Act of 2006 is a flawless piece of legal interpretation worthy of being observed carefully by those who are dedicated to administering justice. Happy
time for the Colombian legal literature is sprouting a manual universal scope, and the signed such an event is a cause of particular joy to see the fruit of academic effort of friends and colleagues that stand out as the most in legal world. Authors
originating in the gentle and rich, brave and noble call Surcolombiana Huila region, I express my congratulations on such an important and fruitful work which is reflected in the hundreds of pages that must travel to assimilate the lessons of this study, it stands as a wonderful and important contribution to the consolidation of social and democratic state of law. Surely readers and history will share my opinion. Yesid
RAMÍREZ BASTIDAS
SUPREME COURT JUSTICE
Ponto Verdi, Bogotá, June 2007.
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