Administrative sanction procedure and guarantee of due process: analysis of the Colombian case

Abstract

This article analyzes the relationship between the administrative sanctioning procedure in Colombia and the guarantee of due process, considering domestic regulations and the conventional human rights framework, with the aim of evaluating whether the current procedural system satisfies the principles of impartiality and independence, essential for the protection of the rights of those investigated. To this end, based on a doctrinal review and the jurisprudence of the Colombian Constitutional Court and the Inter-American Court of Human Rights, the inquisitorial and accusatory models were contrasted, the implications of each for procedural fairness were identified, and it was concluded that the inquisitorial model adopted in Colombian sanctioning procedures compromises the guarantee of impartiality. To mitigate this vulnerability, given the practical impossibility of changing the model, a functional separation between investigation and decision-making is proposed, along with mechanisms that ensure the independence of the decision-making official.