Colombia’s recent protests have raised urgent legal questions for property owners and businesses: who bears responsibility when buildings or stores suffer vandalism during demonstrations? The answer hinges on legal frameworks, insurance terms, and the specific circumstances of each incident.
The Colombian constitution guarantees the right to peaceful protest, enabling citizens to assemble and voice dissent. Yet when vandalism occurs, such as shattered windows, ruined storefronts, or destroyed inventory, the focus shifts to liability. Authorities may intervene to safeguard both individuals and property, but damages do not automatically relieve protesters or the state from legal repercussions.
Attorney Angélica Penagos of Centro Jurídico Internacional explains that liability depends on who caused the damage and how it unfolded. Those directly responsible may face civil or criminal penalties, while the state could incur patrimonial liability if its actions or failures directly contributed to the harm. For businesses, recovery typically relies on insurance policies covering such events, though coverage depends on the specifics of each policy.
The Código Penal establishes penalties for property damage under Article 265. Acts of vandalism causing losses exceeding 10 minimum monthly salaries trigger prison sentences of 16 to 90 months and fines between $11 million and $65 million. For lesser damages, those below 10 minimum salaries, prison terms drop to 16 to 36 months, with fines capped at 15 minimum salaries. Victims can also seek restitution before a conviction, provided the damage is fully repaired.
Documenting the incident is essential. Property owners must file complaints with the Fiscalía or local police to record disturbances and initiate investigations. Police records, including CAI minutes, may serve as evidence in civil or criminal proceedings.
Protests themselves operate within legal boundaries. While marches, sit-ins, and static demonstrations are permitted, blockades require careful legal assessment. Penagos states their legality hinges on context, whether they obstruct essential services or endanger protected rights. The Corte Constitucional has repeatedly stressed that protests must balance free expression with public order.
A recent legislative proposal seeks to strengthen penalties for protesters who conceal their identities during acts of destruction. Under the draft law, those using masks or disguises to commit vandalism could face 54 to 96 months in prison, addressing concerns over unregulated damage during demonstrations.
