Inconstitucionalidad de la ley 2081 de 2021

On February 3rd, 2021, Law 2081 of 2021 was approved “crimi nal action is declared imprescriptible in the case of crimes against freedom, integrity and sexual formation, or the crime of incest, committed in persons under 18 years of age.” Some members of the Semillero en Derecho Penitenciario (Pontificia Universidad Javeriana) and the Semillero en Psicología Forense (Universidad El Bosque) considered that this norm violates the constitutional mandate established in articles 28 of the Political Constitution of Colombia, 2-1 of the International Covenant on Civil and Politi cal Rights and 24 of the American Convention on Human Rights. These two groups filed a lawsuit of unconstitutionality, which was admitted last March 5, 2021 (file D-14138) by the Constitutional Court. This article presents the arguments of our lawsuit, where we point out that imprescriptible penalties or security measures cannot be imposed (mandate of the primary constituent), except in the ca ses of crimes of genocide, crimes against humanity, and war crimes supported by the Rome Statute and legislative act 2 of 2001.