Prohibitionism and Dilemmas for the Strategic Prosecution of Organized Crime in Colombia

• In Event: Prosecution in the Making I: Context and Operation of Prosecutorial Offices in the Americas

Abstract

The prosecution of drug-related crimes demands police, criminal investigation, and criminal justice resources. While Colombia continues to have a serious organized crime problem associated with international trafficking, the paradox is that it appears that most resources are devoted to the prosecution of small-scale domestic possession and consumption than to these large scale, cross-border operations. Drawing on data from Colombian Prosecutor's Office, we note that contrary to what has been proposed in the strategic plan for prioritization, resources continue to be concentrated in cases of drug consumption/possession rather than in cases of drug manufacturing/trafficking. For example, in 2023 alone, almost 60,000 cases were created for the crime of trafficking, manufacture or possession of narcotics (article 376), corresponding to approximately 3% of the complaints, while these same crimes accounted for 11% of the indictments and close to 20% of the sentences. More than half of these sentences were acquittals. Based on these and other data, we explore the forces that maintain this dissociation between a discourse that defends the targeting of large structures and a practice that concentrates on fungible roles and even non-criminalized practices. We also consider the targeting alternatives that have worked, although with limited scope.

Authors

• Juanita Duran Velez, Laboratorio de Justicia y Política Criminal

• Gina Cabarcas Macia, Laboratorio de Justicia y Política Criminal