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4 years ago

Can a Gringo get justice in Colombia?

4 years ago
I won't answer that question directly. I will merely recount my personal experience with the so called justice system and leave you to draw your own conclusions.

More than two years ago I purchased a used condo in a building in el Poblado. 7 weeks later my next door neighbor began extensive renovations, which included adding a deck to the outside of her condo. For this she needed a license from the city of Medellin and the permission of the Consejo of the building. She had neither. Initially I wasn't aware of my rights nor of her legal obligations, but I quickly brought myself up to speed on both.

The deck not only represented a reduction in the resale value of my property (I obtained an expert appraisal confirming this) but obstructed what had previously been an unrestricted view of the green space outside my window, constituted an invasion of my privacy, in that she could now see inside my property from the deck, and restricted the sunlight from my reaching my terraza.

I was advised that I had a very good case in law against her, and also against the administration and consejo of the building. The latter because the building regalamenentos clearly provide for specific action to be taken against owners in cases like this as well as time frames for this action. Despite my repeated requests for action during the time the construction was taking place, absolutely nothing was done to protect me or to enforce the building bylaws.

I was left with two choices. To accept the situation as a fait accompli, or to seek compensation from the courts. I will say that several friends told me that the justice system in Colombia is corrupt, and I would be wasting time and money if I pursued the case. Nevertheless, I chose to sue.

At the same time, I made a complaint to the Inspeccion de Policia that she hadn't obtained a license from the city.

This all took place more than two years ago, and for two years nothing happened.

Then in January the Inspeccion de Policia woke up, and my complaint came to the top of their "to do" list. There was a hearing, as a result of which she was ordered to demolish the deck, or face sanctions. She had 15 days to do it, from January 29th. Today the deck is still there. I have complained once more to the Inspeccion de Policia and I await a follow up from them. I'm not holding my breath.

Then yesterday, March 5th, my civil case finally came to trial.

The first "surprise" was that my lawyer informed me, as we went into the court room, that the judge had arbitrarily denied my perito (expert witness) from giving evidence. We were not allowed to use her report. Meanwhile the defendant also had a report from a different perito, who naturally had come to a very different conclusion (that the neighbor's deck actually increased the value of my property!) The evidence from this expert was admitted. That was the first red flag that the day wasn't going to go well.

Nevertheless, the evidence that was presented by and large supported my case. In particular, my lawyer's cross examination of the building administrator demonstrated clearly that he had failed in his legal duty to follow the building regulations. Also that certain statements he made, under oath, to the court were demonstrably lies.

While a significant part of my claim for economic damages was already shot down by the exclusion of my expert witness, I still had hopes that the remaining part would succeed. The evidence that was presented confirmed that I had a good case.

Then came the denouement. The closing arguments were made and the judge announced a 5 minute recess, following which he would make his judgement.

Precisely 5 minutes later he returned, and proceeded to talk at great speed for at least 45 minutes, citing many laws by name, number and date, and finally announcing a conclusion that shocked almost everyone in the courtroom, with the exception of the administrator and his personal lawyer. The decision of the court was that the law suit was improperly put together, and therefor he, the judge, could make no ruling on liability or on damages, other than to say that the ruling of the Inspeccion de Policia that the deck be demolished had to be complied with.

I will only add that there were 6 lawyers in that room, mine. my neighbour's, the administrator's and the lawyer representing the administrator's Errors and Omissions insurance as well as two lawyers representing Sura, my neighbour's homeowner insurer (they were denying her coverage since she had not obtained a license) All, with the exception of the administrator's personal lawyer and the administrator himself, appeared shocked and surprised by this decision, which came right out of left field and could have been announced by the judge before the trial even began.

Can a gringo expect to get justice in Colombia? Draw your own conclusions.

William Russell
William Russell

William Russell
William Russell

Get a quote for international health insurance from our partner, William Russell.
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William RussellWilliam Russell

Get a quote for international health insurance from our partner, William Russell.
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