The Administrative Court of Cundinamarca has found the Colombian National Police responsible for the death of 18-year-old protester Dilan Cruz, who was shot by an ESMAD (riot police) officer in Bogotá during the November 2019 national strike.
On November 23, 2019, Dilan Cruz was struck in the head by a bean bag round fired by Police Captain Manuel Cubillos Rodríguez while participating in one of the largest demonstrations against the administration of former president Iván Duque. San Ignacio University Hospital, where Cruz had been receiving treatment after being shot, confirmed his death on November 25.
In its ruling issued this past Friday, July 10, the court confirmed the police’s responsibility for the incident, describing it as a “serious human rights violation.” The judges found that Dilan Cruz bore no responsibility for what happened and upheld his right to protest, as well as his fundamental rights.
“The legitimate exercise of the conventional and constitutional right to protest cannot constitute sufficient grounds for any state authority to infringe upon other fundamental rights – such as the right to life or human dignity – of individuals who freely and voluntarily choose to participate in peaceful marches or demonstrations,” the court wrote.
The court found that his death occurred while he was lawfully exercising his constitutional and internationally protected right to peaceful protest. It also ruled that the fact Cruz had thrown back tear gas canisters fired by ESMAD officers did not justify the use of a weapon with potentially lethal force against him.
Citing the “exceptional moral damages” suffered by the family, the court increased the compensation awarded beyond the standard amount. It ordered the Colombian state to pay compensation equivalent to 150 monthly minimum wages (approximately US$70,000) for Cruz’s mother; 75 monthly minimum wages each (about US$35,000) for his three sisters and brother; and 75 monthly minimum wages for his grandfather.
The Inspector General’s Office had already fined Cubillos 14 million Colombian pesos in November 2024, approximately US$3,300 at the time. But the 2024 ruling drew criticism because the disciplinary authority classified the killing as a “serious offense” rather than the “most serious offense” under Colombian disciplinary law.
As an additional reparation measure in the latest ruling, the court ordered the commander of the Colombian National Police, acting on behalf of the institution, to hold a public ceremony acknowledging the police’s institutional responsibility and formally apologize to Cruz’s family.
But the court rejected the family’s request for a monument in Cruz’s honor, finding that the reparations ordered in the ruling were sufficient to provide full redress.
In response to the ruling, Dilan Cruz’s family released a video statement on social media addressing the court’s decision.
“As a family, we receive this decision with respect and recognize that it represents an important step forward in the pursuit of justice,” his mother said.
In the video, the family emphasized that they welcome the ruling’s reaffirmation that peaceful protest is a constitutional right, stressing that no demonstrator should have to fear for their safety, dignity, or life. They expressed hope that the decision will help prevent similar events from happening again and ensure that “the rights of all citizens who take part in peaceful demonstrations are protected.”
While acknowledging the ruling as significant progress, the family said they are still waiting for the Attorney General’s Office to move forward “swiftly” with the criminal proceedings against then-Captain Cubillos and all others involved.
“Only when the appropriate charges are filed and the individual responsibilities of everyone involved in my brother Dilan’s death are determined can we speak of truly complete justice,” Denis Cruz, the young man’s sister, concluded.
