Judges in Colombia will be able to use artificial intelligence to make decisions; these are the conditions

The case that led to this decision arose from a tutela resolved by a judge in Cartagena in February 2023.

The case that led to this measure arose from a tutela resolved by a judge in Cartagena in February 2023.

In an unprecedented ruling, the Constitutional Court has allowed the use of artificial intelligence, such as ChatGPT, by the Republic’s judges in their judicial decisions.

This ruling marks the first time the high court has ruled on the use of technology in the administration of justice.

The decision, set out in a 186-page document, establishes that judges can use artificial intelligence tools under strict criteria of transparency, accountability and human control. The Court made clear that these technologies should be seen as a support and not a replacement for traditional legal reasoning.

Details of the case and the decision of the Constitutional Court

The case that led to this decision arose from a guardianship resolved by a judge in Cartagena in February 2023, who used ChatGPT to draft the reasoning for his ruling in a case related to the protection of the fundamental rights of a minor with autism.

This use of AI sparked a national debate about its place in justice, especially in decisions affecting fundamental rights.

In its ruling, the Court not only validated the use of AI in certain judicial aspects, but also issued a series of orders to the Superior Council of the Judiciary to regulate its implementation in the Judicial Branch.

The orders include the need to develop a manual on the use of AI in courts and the obligation to ensure that human reasoning prevails in decision-making.

The Court also warned of the risks associated with the indiscriminate use of these technologies, such as the possibility of bias and “hallucinations” in the responses generated by AI.

Any use of AI in the judicial system must therefore be supervised and subject to clear ethical principles.

The justice administration has a period of four months to publish an official guide on the implementation of AI, ensuring that the principles of due process, autonomy and judicial independence are respected.

This ruling, which will have inter-communal effects, is a significant step towards the modernisation of the Colombian judicial system, but also underlines the importance of a cautious and ethical use of technology in justice.