El Habeas Corpus como garantía constitucional para la protección de derechos fundamentales vulnerados por el hacinamiento carcelario

Abstract

The fundamental rights of those who are deprived of their liberty are violated, among other factors, by prison overcrowding. Overcrowding generates problems such as: insecurity and crime due to the scarcity of basic goods and services that have generated the creation of an internal illegal market in which the minimum conditions that the State is obliged to guarantee to the inmates are priced. Cruel, inhuman and unworthy treatment that leads to the dehumanization of people, given the circumstances in which they are inside the detention center. Serious and systematic violation of the right to health due to the situation of lack of hygiene, insalubrity and the possibility of suffering physical and mental aggressions (Constitutional Court, Judgment T-388 of 2013).