The Superior Council of the Judiciary, through Agreement PCSJA24-12185 of May 27, 2024, adopted the protocol for hearings of the Judicial Branch, which unifies the general rules of conduct to be followed by magistrates, judges, parties to the proceedings and other participants in judicial hearings.
In this regard, it was noted that these proceedings will be carried out following the specific procedural rules of each jurisdiction, specialty and subspecialty, ensuring compliance with due process, access to justice, publicity, immediacy, concentration and other principles enshrined in current regulations, especially in the corresponding procedural codes and laws.
The general aspects covered by this protocol include, mainly, the duties and prohibitions set out below:
General duties of all procedural subjects participating in a hearing:
Turn off or silence electronic devices.
Keep the camera on when participating virtually.
Wear an outfit that honors and respects the solemnity of the audience.
Refrain from simultaneously attending other hearings or proceedings, or from carrying out different activities during the session.
Make use of the established or available means to request the floor and avoid interrupting the hearing.
Keep the space where the hearing takes place free from interference.
In addition, the protocol establishes that the public entering the hearings must remain silent and refrain from any act of non-verbal communication. In virtual hearings, they will not be able to activate, at any time, the camera or the microphone.
General prohibitions during the development of the hearing:
Carrying weapons (firearms, traumatic, sharp, etc.).
The use of cell phones or electronic devices for purposes other than the hearing.
Bringing food or liquids, except water, to the audience. Unless there is a medical justification.
The use of sunglasses, hats, caps or accessories that cover the head, except in special cases.
Attending under the influence of alcoholic beverages or any type of narcotic and/or psychoactive substance.
Additionally, the Agreement establishes topics such as the special duties of the judge, the participants and interveners, as well as the duties of the media, the general rules for the development of the hearing (modality, programming, installation and appearance, special measures and termination of the hearing), and subsequent actions related to the records and the securing of the electronic judicial file.
Likewise, special guidelines for holding virtual or hybrid hearings are presented, namely:
Check the following minimum technical conditions for access, permanence and intervention:
Have electronic communication equipment with an electrical connection or battery availability, internet access, a functional video camera and microphone, which allow simultaneous communication.
Wear headphones with a built-in microphone or an external one that blocks out ambient noise, and stay in a place where there is no sound interference.
2. Refrain from using the chat of the institutional platform through which the virtual hearing is held, except for the purposes of communication with the Office.
3. Refrain from using or assigning aliases, words, wallpapers or profile images that may be disrespectful.
4. Keep the camera on.
5. Maintain a distance from the camera that allows permanent visibility of the face, upper front torso and upper extremities.
6. Inform the court in advance or at the beginning of the hearing if several people will be using the same computer or connection equipment, so that the judge or magistrate can make a decision on the matter. For this purpose, the judge or magistrate will listen to the opposing party and decide taking into account the need to respect the constitutional guarantee of due process and the legal guidelines on the production of evidence.
7. Locate and remain during the hearing in a fixed, closed and motionless space, with adequate visibility and free of noise and interference that may affect the quality of your intervention or the development of the hearing.
8. The audience must keep their cameras and microphones off.
In this way, the Protocol establishes a clear and detailed framework for the holding of hearings, ensuring compliance with procedural rules and guaranteeing respect for the fundamental principles of the procedural field in the Colombian judicial system.
Comments