U.S. Department of Justice
Office of Justice Programs
Bureaus of Justice Statistics

WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS

Republic of Colombia 
NCJ 199271

Principal Researchers
Rafael Campo Vsquez 
Rosa Margarita Vargas de Roa

Assistant Researchers
Ren Montenegro Ortiz
Francisco Abondano Vidales

Translator
Pilar Gamboa

Section I: GENERAL OVERVIEW

1. Brief History

Colombia is a democratic state of South America, 
located in the far northwest of the continent, 
with northern Atlantic coasts; western Pacific 
coasts and eastern and southern borders with 
Venezuela and Brazil, and Ecuador and Peru, 
respectively, and northwestern borders with 
Panama. Its area is 1.14 million square km and the 
population is 43.1 million. Colombia is divided 
into two major regions: the Andean region in the 
West, and the vast area of the Eastern plains. 
These two regions comprise nearly two-thirds of 
the country's geography. The Colombian Andes are 
formed by three parallel mountain ranges which 
converge at Nudo de Pasto. These are the Central, 
Eastern, and Western Ranges. 

In the 1800s political movements in Colombia 
mainly revolved around organization and 
implementation of government in the country. 
During several periods the country was arranged as 
a federal system. Political struggles continued 
until 1886 when an organizational arrangement, 
balanced between federal and centralized, was 
sought through the formula known as political 
centralization and administrative 
decentralization. This formula was ratified by the 
1991 Political Constitution which provided that: 
"Colombia is a lawful societal state organized in 
the form of a unitary republic, decentralized... 
(.)"/1 In other words, the State reserves the 
right to exercise all constitutional, legislative, 
and judiciary functions, while administrative 
functions are shared with the provinces. 

As the above principle asserts, the Colombian 
judicial branch of government is centralized and 
vested in the State. However a system of 
territorial de-centralization is used in 
connection with the physical location of tribunals 
and courts throughout all provinces and 
municipalities in the country. These tribunals and 
courts, juzgados (Spanish, for courts), administer 
justice on behalf of the Republic./2

The history of the Colombian legal system is 
divided into three periods: the first is the 
colonial period (1550-1810), the second 
corresponds to independence (1810-1872), and the 
third, post-independence to current times (1873 to 
the present)./3 

The colonial period was ruled by Spanish law based 
on Las Siete Partidas, La Nueva Recopilacin, La 
Novsima Recopilacin, and La Recopilacin de 
Indias. 

In the period of independence the following 
legislation served as the judicial basis: 1. the 
1821 Colombian Constitution; 2. domestic laws 
enacted in 1825, 1834, and 1858; 3. the 1858 
Constitution of federal nature; 4. the Chilean 
Civil Code, which was first adopted in Columbia by 
the State of Magdalena (1858), followed by the 
State of Cundinamarca (1859), and the States of 
Cauca and Antioquia (1864). During that period the 
Colombian system of government was federal. There 
were two legislations: one enacted by the Congress 
and related to matters of competence of the 
general government, and another enacted by the 
State assemblies with respect to their matters of 
governance.

In 1873 the national Congress unified the 
regulations for the country and adopted the 
Chilean Civil Code. A new Constitution was passed 
in 1886 and Colombia became a unitary republic. 
Law 57 of 1887 served to adopt the 1873 Civil Code 
now in force, with a series of amendments 
introduced in the late 1800s and throughout the 
1900s. A new Constitution was enacted in 1991, 
that is still in force. 

Evolution of the penal system 

Colombia maintained the influence of the law 
brought by Spanish conquerors. The traditional 
religiosity of the Spanish to some extent affected 
their legislation. Ultimately it became a mix of 
Germanic, Romanic, and canonic legal principles. 
The very same legislation applied until long after 
political and military emancipation in America.

The Spanish penal legislation ruled in Colombia 
even after the emancipation and was slowly 
replaced by domestic laws.

General Francisco de Paula Santander first 
intended to codify the penal legislation in a 
document that eventually became the Penal Statute 
of 1837 and was enforced throughout the century. 
The Colombian penal legislation was amended in 
1936, with the following doctrinal guidelines:/4
*admission of the theory of social defense
*application of the concept of legal and social 
liability based on the psychophysical activity of 
the agent
*study of delinquents as anti-social personality
*imposition of penalties taking into consideration 
all determinant motives, the circumstances of 
greater or lesser liability, and the author's 
personality
*division of sanctions into penalties and 
precaution measures.

Through Decree 100 of January 23, 1980, the penal 
code currently in effect was enacted. It is 
founded on the assumption of liability due to 
culpability or blameworthiness (culpabilista). It 
has an initial section on rules governing 
Colombian penal law, a single formula for attempts 
(tentativa) and complicity. It devotes significant 
chapters to imputability and culpability, while 
suppressing imprisonment and judicial pardon./5

Social and political context of the system of 
penal justice. 

The Colombian state has made a series of efforts 
intended to enhance justice. The enactment of the 
1991 Constitution modernized the State. It not 
only assured certain guarantees and rights to the 
population but an increase in civil participation 
in public affairs.

The following legislation for the penal judicial 
system was enacted:
*Law 190 of 1995, Anti-corruption Statute
*Resolution 2700 of 1996, Program of protection to 
witness, victims, and participants to the trial.
*Law 294 of 1996, Penalties against family harmony 
and union.
*Law 333 of 1996, Extinction of ownership upon 
properties unlawfully acquired.
*Law 365 of 1997, Amendment to the length of 
penalties.
*Law 383 de 1997, Penalties against tax evasion 
and smuggling, amended by Law 4888 of 1998.
*Decree 261 of 2000, Amendments to the structure 
of the Fiscala General de la Nacin (Office of 
the General Public Prosecutor of the Nation)
*Law 262 of 2000, Functions of protection and 
defense of human rights.

Finally, the enactment of Law 599 of 2000 amended 
the Penal Code and the Penal Procedure Code. Such 
law came to effect on July 24, 2001, including the 
following type of crimes: 
*Crimes against life and personal integrity
     genocide; injuries to fetus; failure to aid; 
     genetic manipulation; cloning of human beings; 
     artificial insemination; and traffic of human 
     embryos.
*Crimes against persons protected by the 
     international humanitarian law forced 
     prostitution or sexual slavery; use of 
     illicit war means or methods; perfidy; 
     acts of terrorism, acts of barbarism; inhuman 
     and degrading treatments; biological experiments 
     on protected persons; acts of racial 
     discrimination, taking of hostages; illegal 
     detention and deprivement of due process; 
     constraint to provide bellicose support;/6 
     despoilment in battle-fields;/7 failure to 
     aid and providing humanitarian assistance; 
     preventing safety and humanitarian tasks; 
     destruction and appropriation of protected 
     properties; destruction of sanitary properties 
     and facilities, destruction or unlawful use of 
     cultural goods, places of worship; attacks 
     against works and facilities containing 
     endangered species; retaliation against, 
     deportation, expulsion, forced movement and 
     displacement of civil population; attacks 
     against subsistence and devastation; absence 
     of measures to protect civil population; 
     illicit recruitment; arbitrary exaction or 
     levies; and environmental destruction. 
*Crimes against individual freedom and other 
     guaranties forced disappearance; forced 
     displacement; traffic of persons; abusive 
     access to computer systems.
*Crimes against sexual freedom, integrity and 
     education sexual tourism.
*Crimes against economic patrimony
     statutory abuse of confidence; deceit 
     regarding solvency.
*Crimes against public faith
     circulation of illegal currency.
*Crimes against economic and social order
     false advertising of goods and services; 
     usury; fiscal evasion and fraudulent handling 
     of securities quoted in the National Registry of 
     Securities and Dealers.
*Crimes against human resources and environment
     environmental contamination; illegal 
     experiments on animal or vegetal species; 
     and illegal fishing and hunting.
*Crimes against public security
     introduction of nuclear residues and toxic 
     wastes; and traffic of radioactive materials, 
     chemical, biological or nuclear weapons.
*Crimes against public health
     imitation or simulation of foods, goods or 
     substances; and manufacture or 
     commercialization of health-noxious 
     substances.
*Crimes against public administration
     undue use of information and influences 
     derived from public functions; bribing; 
     and association for commission of crimes 
     against public administration.

2. Legal System 

After the 1991 Constitution Colombia adopted an 
accusatory system reflected in the clear 
delimitation of indictment and trial functions. 
Indictment became the function of the Fiscala 
General de la Nacin and trials under the control 
of the judges of the republic. This system 
resulted from national political and social 
structures unique to the nation, and is rather 
difficult to compare to systems of other 
countries. In this field, Colombia chose an 
autonomous and independent path./8 

The general competence for the investigation and 
indictment of crimes was given to the Fiscala 
General de la Nacin. Such a duty was also given 
to other authorities solely in situations 
expressly set forth in the Constitution./9 
Accordingly, under no circumstances may the law 
may give competence for investigation and 
indictment of crimes to authorities other than 
those provided for in the Constitution. Nor may it 
restrict the scope of action of the Fiscala 
General de la Nacin because the latter's duties 
are constitutional. 

Judging is done exclusively by the judges of the 
republic. They are authorized to conduct a trial 
once the indictment is presented./10 

3. Political System

Colombia is politically centralized but 
administratively decentralized. The judiciary is 
centralized in terms of its political authority 
and bureaucratic organization but decentralized in 
terms of its physical location and availability to 
the people. In the interest of the proper and 
timely administration of justice, tribunals and 
juzgados representing the Colombian state are 
located throughout the country. The following is a 
chart of the functions and jurisdictions of 
Colombia's system of justice administration: 

Bodies
  Geographic jurisdiction
    Structure
      Substantive jurisdiction
 
Supreme Court of Justice
  National
    Chamber of Civil and Agrarian Cassation 
    Chamber of Labor Cassation
    Chamber of Penal Cassation
      Cassation (annulment, abolition) remedies; 
      revision remedies; pleadings; executor of rulings 
      and arbitration awards rendered in a foreign 
      country; contested proceedings where a diplomatic 
      agent duly credited before the government of the 
      republic might be a party, in the events provided in 
      International Law: processes of liability against
      magistrates of high courts and tribunals; 
      second instance of tutela (trusteeship, protection) 
      proceedings. 

Council of State
  National
    Administrative-Contested Matters Chamber 
    Chamber of Civil Service 
      Decision of administrative contested 
      matters-matters. Second instance 
      of tutela proceedings. 

Constitutional Court
  National
    Made-up by 9 magistrates
      Responsible for the guard, integrity and 
      supremacy of the national constitution; 
      constitutional control on draft laws, 
      international treaties and laws approving the 
      same; revision of tutela rulings. 

Superior Tribunals of Judicial District
  Judicial District/11
    Penal Chamber
    Civil Chamber 
    Labor Chamber 
    Family Chamber 
      In second instance they decide on: a) appeal 
      petitions and consultations of proceedings whose  
      first instance correspond to circuit judges and 
      pleas in case appeal petitions are dismissed and, 
      b) appeal petitions provided by law in civil 
      proceedings corresponding to minors judges and 
      pleas when the former are dismissed.
          In second instance they decide on: 
          revision petitions against rulings rendered 
          by circuit, territorial, municipal and minors 
          judges and, liability proceedings against judges. 
          Finally, tutela proceedings in either 
          first or second instances. 

Circuit Courts
  Judicial Circuits
    At present Colombia has the following type of 
    circuit courts: penal, civil, labor, family, minors, 
    enforcement of penalties and penal special.
      These decide on the first instance of civil, 
      penal, labor, agrarian, and family cases exceeding 
      a maximum amount assessed in 90 minimum
      monthly salaries then in force ($11,167 USD 
      (US dollars))./12 Likewise, they decide on cases 
      exceeding a minimum amount, and assessed between 
      15 to 90 minimum monthly salaries then in force 
      ($1,861 to $11,167 USD). First instance of 
      proceedings which given their nature the 
      legislature provided them to be of their 
      competence. Finally, first instance of tutela 
      actions. 

Municipal Courts
  Municipal
    At present Colombia has penal and civil 
    municipal courts. First instance of proceedings 
    for a minimum amount, that is to say, up
    to 15 minimum monthly salaries then in force 
    ($1,861 USD). Also, first instance of proceedings 
    which competence correspond thereto given their 
    nature.

Juzgados Promiscuos (all-case courts)
  Municipal
    One judge who decides on penal, civil, labor, 
    and family matters. Juzgados are established in 
    places where there are no municipal courts. 
    In this type of juzgados one judge decides on civil, 
    penal, labor, agrarian, and family matters. 

Colombia has 1,024 municipalities grouped in 32 
provinces. The 1886 Constitution established 8 
provinces (Antioquia, Bolvar, Boyac, Cauca, 
Cundinamarca, Magdalena, Santander and Tolima), to 
which the remaining ones were subsequently added. 
The 1991 Constitution converted the former 
intendancies and commissaryships (Arauca, 
Casanare, Putumayo, San Andrs and Providencia, 
Amazonas, Guaina, Guaviare, Vaups and Vichada) 
into provinces.
The following are current provinces of Colombia:

Amazonas        Antioquia                    
Arauca          Atlntico
Bolvar         Boyac
Caldas          Caquet
Casanare        Cauca
Cesar           Crdoba
Cundinamarca    Choc
Guaina         Guajira
Guaviare        Huila
Magdalena       Meta
Nario          Norte de Santander
Putumayo        Quindo
Risaralda       San Andrs and Providencia   
Santander       Sucre
Tolima          Valle del Cauca
Vaups          Vichada  

Section II: CRIMES

1. Classification of Crimes

A. Legal General Classification of Crimes

Punishable acts are divided into crimes and 
transgressions./13 A crime is an act which injures 
or jeopardizes significant social interests and is 
severely punished. A transgression is an act that 
injures or jeopardizes any interests of lesser 
significance and it is given less severe 
punishment.

The following are transgressions:/14
*exercise of arbitrary reasons/15
*violation of others' household
*illicit permanence in others' household 
*violation of others' household by an official 
employee
*violation and illicit permanence in the place of 
work
*violation of freedom of worship
*obstructing and disturbing of religious ceremony
*damage or offence to persons or things devoted to 
worship
*willful personal injuries
*injuries caused in a preterintentional (when the 
harm done was greater than intended) or negligent 
manner
*simple larceny
*larceny of use
*larceny between co-owners
*fraud
*illegal issuance and transfer of checks
*abuse of confidence
*advantage from others' error or act of God
*hiding of own properties 
*damage to others' property.
     The following are crimes:/16
*crimes against existence and security of the 
state crimes of disloyalty to the nation
*crimes against the constitutional regime
rebellion, sedition, protest
*crimes against justice administration
embezzlement; extortion; graft; undue 
execution of contracts; influence peddling; 
undue enrichment; prevarication; abuse of authority; 
usurpation and abuse of public function; 
crimes against official employees
*crimes against justice administration
false accusation before authorities; false 
testimony; disloyalty to professional duties; 
concealment; escape of prisoners; procedural fraud
*crimes against public security conspiracy, terrorism 
and criminal abetting; crimes of common endangerment 
or which may cause serious damages to the community; 
crimes against public health
*crimes against public faith forgery of currency, 
of seals, of official items and marks; evidentiary 
falsehood
*crimes against economic-social order
restraint of trade, anti-trust; profiteering
*crimes against natural resources
unlawful profiting of natural resources; 
unlawful occupation of parks and areas of reserve; 
unlawful exploitation of mineral fields; diffusion 
of illness in natural resources
*crimes against vote disturbance to voters; 
electoral violence and fraud; corruption of 
voters; fraudulent vote; electoral fraud; 
alteration of electoral results; unlawful hiding, 
withholding and possession, of identification 
documents; refusal to register
*crimes against family incest; bigamy; suppression, 
alteration or assumption of marital status; failure to 
pay alimony
*crimes against individual freedom and other 
guaranties kidnaping; arbitrary arrest; crimes 
against personal autonomy; crimes against inviolability 
of room or place of work; violation of secrets and 
communications; crimes against freedom of work and 
association; crimes against the exercise of political 
rights; crimes against religious beliefs and respect 
for deceased persons
*crimes against human freedom and dignity rape; 
statutory rape; abusive sexual acts; pandering
*crimes against moral integrity defamation; slander
*crimes against life and personal integrity homicide; 
personal injuries; abortion; abandonment of minors and 
disabled persons
*crimes against economic patrimony larceny; extortion; 
fraud; fraud through check; abuse of confidence; usurpation; 
damage to others' property.

B. Age of Penal Liability

For all legal purposes, any person less than 18 
years of age is not indictable./17 In this 
connection it is relevant to state that both the 
domestic doctrine and jurisprudence have concurred 
in defining imputability as the capacity to know 
and understand the illegality of one's behavior 
and to control oneself according to such 
understanding.

Any offences committed by minors between ages 12 
and 18 are decided in a single instance by the 
minors judges or by the family all-case courts. On 
the other hand, any offences committed by minors 
of less than age 12 are determined by the family 
defenders, in order to afford them any special 
protection required.

The penal law deems unindictable all individuals 
of less than 18 years of age who at the time of 
performing a fact legally described, are not 
capable of self-determination as per such 
understanding. In the event of minors committing 
some sort of infringement to the penal law, their 
judgment shall correspond to the jurisdiction of 
minors./18 

 C. Drug-related Crimes/19

ARTICLE 32. Planting, Preservation or Funding of 
Plantings: Anyone cultivating, preserving or 
funding, without a permit from the competent 
authority, planting of marijuana or of any other 
plant that can serve to produce cocaine, morphine, 
heroin or any other drug causing dependency or 
more than 1 kilogram of such plants seeds, shall 
be subject to imprisonment of 4 to 12 years and 
fine of 10 to 400 monthly minimum salaries ($1,250 
to $50,000 USD).

ARTICLE 33. Dealing, Manufacture, or Possession of 
Narcotics. Anyone who, without permit from the 
competent authority and unless as provided for 
personal dosage, enters into the country, whether 
in on-transit basis, or takes out therefrom, or 
carries, possesses, stores, preserves, prepares, 
sells, offers, acquires, funds or provides any 
sort of drug causing dependency, shall be 
accountable to imprisonment of 6 to 20 years and 
fine of 100 to 50,000 monthly legal minimum 
salaries. ($12,500 to $6,250,000 USD). If the 
amount of drug does not exceed 1,000 grams of 
marijuana, 200 grams of hashish, 100 grams of 
cocaine or cocaine-based narcotic substance or 20 
grams of poppy (amapola) by-products, 200 grams of 
metacualone (English, methaqualone) or synthetic 
drug, the penalty shall be of 1 to 3 years of 
imprisonment and fine of 2 to 100 monthly legal 
minimum salaries. ($250 to $12,500 USD). If the 
amount of drug exceeds the top limits provided 
above, without exceeding 10,000 grams of 
marijuana, 3,000 grams of hashish, 2,000 grams of 
cocaine or cocaine-based narcotic substance or 60 
grams of poppy (amapola) by-products, 4,000 grams 
of metacualone or synthetic drug, the penalty 
shall be of 4 to 12 years of imprisonment and fine 
of 10 to 100 monthly legal minimum salaries 
($1,250 to $12,500 USD).

ARTICLE 34. Use of Movable and Real Properties. 
Anyone unlawfully devoting real or movable 
properties for the preparation, storing, 
transportation, sale or use of any of the drugs 
referred to in Article 32 above, and/or who might 
authorize or consent to such use shall be 
accountable to imprisonment of 4 to 12 years and 
fine of 1,000 to 50,000 monthly legal minimum 
salaries. ($125,000 to $6.25 million USD). If the 
amount of drug does not exceed 1,000 grams of 
marijuana, 300 grams of hashish, 100 grams of 
cocaine or cocaine-based narcotic substance or 20 
grams of poppy (amapola) by-products or 200 grams 
of metacualone or synthetic drug, the penalty 
shall be of 1 to 3 years of imprisonment and fine 
of 2 to 100 monthly legal minimum salaries. ($250 
to $12,500 USD). If the amount of drug exceeds the 
top limits set forth in the preceding paragraph, 
without exceeding 10,000 grams of marijuana, 3,000 
grams of hashish, 2,000 grams of cocaine or 
cocaine-based narcotic substance or 60 grams of 
poppy (amapola) by-products, 4,000 grams of 
metacualone or synthetic drug, the penalty shall 
be of 4 to 12 years of imprisonment and fine of 10 
a 100 monthly legal minimum salaries. ($1250 to 
$12,500 USD).

ARTICLE 35. Encouraging of Illicit Use of Drugs. 
Anyone encouraging or fostering the unlawful use 
of drugs or medications causing dependency shall 
be liable to imprisonment of 3 to 8 years. 

ARTICLE 36. Illegal Provision or Formulation. Any 
physician or practitioner of medicine and 
odontology, nursing, pharmacology or any ancillary 
professions thereto, who in the practice thereof 
shall illegally provide, formulate or apply any 
drug causing dependency, shall be accountable to 
imprisonment of 3 to 8 years. In addition to the 
penalty provided in the preceding paragraph, a 
suspension from professional practice shall apply 
for the term of 5 to 10 years.

ARTICLE 37. Provision to Minors. Anyone providing, 
administering or facilitating minors of less than 
16 years, any drug causing dependency or inducing 
him/her to use thereof, shall be liable to 
imprisonment of 6 to 12 years.

ARTICLE 39. Officers' Liability. Any officer, 
public employee or official worker in charge of 
investigating, judging or supervising persons 
engaged in the crimes or transgressions provided 
hereunder, who might facilitate the impunity of 
the concerned crime, or the concealment, 
alteration or substraction of forfeited elements 
or substances or facilitating the escape of the 
person arrested or sentenced shall be liable to 
imprisonment of 4 to 12 years, loss of job and 
interdiction of public rights and functions for 
the like period.

In the case of negligence of an officer or 
official employee, he/she shall be liable to the 
relevant penalty, diminished up to one half.

ARTICLE 43. Substances for Processing of 
Narcotics. Anyone who enters the country, whether 
in on-transit basis, or takes out therefrom, or 
carries or possesses elements serving for the 
processing of cocaine or any other substance 
causing dependency, such as: ethylic ether, 
acetone, ammoniac, potassium permanganate, light 
carbonate, chloride acid, sulfuric acid, diluents 
or other substances which according to a previous 
opinion from the National Council of Narcotics 
shall be used for the same purposes, shall be 
liable to imprisonment of 3 to 10 years and fine 
of 2,000 to 50,000 monthly minimum salaries 
($250,000 to $6.25 million USD). 

Whenever the quantity of substances does not 
exceed the triple of those mentioned in the 
resolutions issued by the National Council of 
Narcotics, the penalty shall be subject to 2 to 5 
years of imprisonment, fine of 10 to 100 monthly 
legal minimum salaries ($1,250 to $12,500 USD).

ARTICLE 6. Straw-Men./20 Anyone who might use 
his/her name to acquire properties with moneys 
coming from drug-dealing and other related crimes 
shall be subject to penalty of imprisonment of 5 
to 10 years and fine of 2,000 to 5,000 monthly 
minimum salaries, without prejudice of the 
forfeiture of the concerned properties ($250,000 
to $625,000 USD).

2. Crime Statistics

A. National Crime Rates/21

Colombia's National Police rely on a department of 
statistics in charge of the compilation of data 
concerning the number of crimes committed within 
the national territory. In the performance of that 
task, the National Police is supported by the 
Fiscala, the Superior Council of the Judiciary 
and the National Army. All three organizations 
report on a monthly basis the number of crimes 
committed in the country. 

The following figures are the crimes reported to 
the National Police from January 1, 1999 through 
December 31, 2000. Criminal activities correspond 
to the punishable acts described in the 1980 Penal 
Code (table 1). 

The number of crimes denounced (i.e., criminal 
complaints reported to the police) in 2000 
decreased with respect to the crimes denounced in 
1999, from 223,616 in 1999 to 214,192 in 2000. In 
2000 there was an increase in the rate of crimes 
against public security, economic and social 
order, the family, and individual freedom. (In 
these statistics "attempted" crimes are not 
included.)

The absolute numbers of crimes reported to the 
National Police in the year 2000 with respect to 
crimes against life (homicides) and drug-related 
crimes (Law 30 of 1986 National Statute of 
Narcotics) are presented (table 2).

B. Definitions

The figures of criminality recorded for year 2000 
in the publication "Revista Criminalidad" were 
taken by the National Police based on the crimes 
defined by the Penal Code of 1980 currently in 
force. The legal definitions of the most common 
crimes are as follows:
*homicide -- activity whereby a person kills 
another person. (Article 323 Penal Code).
*personal injuries -- damage to another person 
whether in his/her body or health. (Article 332 
Penal Code).
*abortion -- death caused to the product of human 
conception prior to his/her birth. (Article 343 
Penal Code).
*abandonment of minors and disabled persons -- 
abandonment of minors and disabled persons to whom 
guard or custody is due. (Article 346 Penal Code).
*larceny: appropriation or substraction of movable 
properties of others, with the intent of profiting 
the same. (Article 349 Penal Code).
*extortion -- control of one person over another 
so that the latter shall proceed in active or 
passive conduct that shall produce an unlawful 
profit for the former. (Article 335 Penal Code).
*defraudation -- deceive to which one person is 
submitted in order to obtain an unlawful profit. 
(Article 356 Penal Code).
*fraud through check -- patrimonial defraudation 
through draft or transfer of securities when the 
same are unpaid due to insufficiency of funds or 
due to an unjustified order not to pay. (Article 
357 Penal Code).
*abuse of confidence -- appropriation or undue use 
of movable properties owned by others which have 
been trusted or given in a non propriety title. 
(Article 358 Penal Code).
*deception -- (includes the crimes of abuse of 
inferiority circumstances, advantage from others' 
error or Act of God, concealment of assets, 
misappropriation of own goods, disposition of own 
goods subject to pledge). activities involving 
fraudulent means to cause patrimony damages to 
other person. (Article 360 Penal Code).
*usurpation -- activity whereby real properties 
owned by others are unlawfully taken-over. 
(Article 365 Penal Code).
*rape -- sexual intercourse through violence. 
(Article 298 Penal Code).
*statutory rape -- sexual intercourse through 
deceiving action. (Article 301 Penal Code).
*abusive sexual acts -- sexual acts through abuse 
of the victim's conditions of inferiority. 
(Article 298 Penal Code).
*pandering -- prostitution, body-trade or sexual 
acts to minors. (Penal Code Article 310 and those 
that follow). 
*laundering of assets -- activity aimed to the 
custody, administration, concealing or disguise of 
properties of unlawful origin. (Law 30 de 1986).
*kidnaping -- retention or concealment of a person 
in view to demand a profit or other gain in 
exchange for his/her freedom. (Penal Code Article 
268 and those that follow). 

C. Bibliographic References

See Section XVI of this document.

D. Crime Per Regions/22

The following is a list of each type of crime 
under the penal code now in force, and gives the 
province or city where these were most often 
committed:/23 

Title of the Penal Code                 
 Most affected region

Against existence and security of the state  
     Norte de Santander
Against the Constitutional Regime            
     Cauca and Nario
Against public administration                
     Atlntico
Against justice administration               
     Norte de Santander
Against public security                      
     Bogot D.C.
Against public faith                         
     Bogot D.C.
Against economic and social order            
     Norte de Santander
Against vote                            
     Bolvar
Against family                          
     Medelln
Against individual freedom and other guaranties   
     Bogot D.C.
Against sexual freedom and human dignity          
     Bogot D.C.
Against moral integrity                 
     Bogot D.C.
Against life and personal integrity               
     Bogot D.C.
Against economic patrimony                   
     Bogot D.C.

Source: National Police of Colombia. Criminality 
figures reported at national level, January 1, 
2000-December 31, 2000. Research directed by the 
Head of the National Police Center of 
Investigations, Colonel Yolanda Usuaga Gonzlez 
and the Head of Statistics: Mayor Jos Ferney 
Rodrguez C.

In 2000 the National Police data for reported 
crimes committed in different regions of the 
country showed overall higher numbers for crimes 
against life and personal integrity (33%), and 
crimes against economic patrimony (41%)(table 3). 

Section III: CRIME VICTIMS

1. Crime Victims

No national crime victim surveys like those done 
by the United Nations in various countries have 
been conducted in Colombia. There are a few 
studies of crime victims, including victims of 
violence, transportation offences, financial 
offense, domestic abuse, child abuse, human rights 
violations, kidnaping, and other crimes. These 
studies do not help determine the relative 
accuracy of the crime statistics reported by the 
police. But they do provide insight into the 
amount of criminal victimization and the 
characteristics of the victims. 

Selected Crime Victims: General Pattern

An investigation conducted by the National Police 
in 2000 generally described the profile of victims 
of specific crimes:/24

Crime                       Victim's Profile

Trafficking of persons/25   Women between 18 and 
                            30 years of age, 
                            unemployed and/or single 
                            mothers with less 
                            education, medium or low 
                            social status, good-looking, 
                            preferably blonds.
Ground piracy               Transportation companies 
                            whether of cargo or persons 
                            and, drivers in general. 
Forgery of currency         End-users of money, traders, 
                            the Central Bank (Banco de 
                            la Repblica) and foreign 
                            and domestic investors.

Sources: National Police of Colombia. Criminality 
figures reported at National level January 1, 2000 
through December 31, 2000. Research directed by 
the Head of the National Police Center of 
Investigations, Colonel Yolanda Usuaga Gonzlez 
and the Head of Statistics: Mayor Jos Ferney 
Rodrguez C.

Statistics on the number of persons displaced for 
fear of violence throughout the national territory 
were available for 1998 through 2000 (table 4).  

Violence against minors and marital violence are 
characterized by their incidence being higher than 
reports./26 Surveys conducted by the Colombian 
Institute of Family Welfare (ICBF) have concluded 
that a small percentage of victims of domestic 
mistreatment denounce the situations to the 
authorities. The following statistical tables are 
limited to domestic mistreatment that was 
denounced to the National Police, Bureaus of 
Family Defense, and the Fiscala.

Between 1996 and 1999, the greatest increase in 
the reported rate (per 100,000) of domestic abuse 
of women was nearly 10% in 1997 (table 5). The 
rate for 1998 increased to almost 5% and declined 
in 1999 by that same amount. Overall, the rate for 
females was 11.8 times greater than for males, 
ranging from 13.6 (1996) to 10.5 (1999).

Since women are most affected by domestic violence 
the State and private parties have arranged 
several organizations to support and protect 
victims. The primary assistance organizations 
include: Casa de la Mujer (private), Presidency 
Casa de la Mujer (public), Colombian Association 
of Family Defenders (private).

Minors are persons less than 18 years of age. 
Regarding statistics of mistreatment of minors 
between 1996 and 1999, overall minors between 5 
and 14 years of age represented 59% of reported 
abuse cases, ranging from 56% to 64% (tables 6 to 
8).

The 1996 to 1999 figures of mistreatment of minors 
by their biological parents or by persons having a 
first-degree affinity relationship (step-fathers 
and step-mothers) also indicated that girls are 
more affected than boys. Yearly rates for girls 
ranged from 8% to 30% higher than those for boys.

As a result of the increase of child abuse in 2000 
(not shown), a number of institutions affording 
protection and support to those minors have been 
created. These include: Centro de Proteccin al 
Menor (private), Asociacin Afecto (private), ICBF 
(public) and Victimas de la Violencia Sexual 
(private). 

Fundacin Centro de Investigacin y Educacin 
Popular (CINEP) (Foundation Center of 
Investigation and Popular Education), conducted a 
number of studies on human rights victims. Persons 
who experienced social-political violence were 
most often subject to extra-judicial execution 
(56%) (table 9). An additional 37% were victims of 
disappearance (17%), threats (13%), and torture 
(7%). 

There was no information on social sector for 60% 
of the victims. Among victims with a known social 
sector, peasants had the highest number of overall 
victimizations (73%), extra-judicial executions 
(82%), and torture (87%).  Peasants were at least 
8.3 times more likely to be victims of social-
political violence than all other persons whose 
social sector was identified.

The most prevalent infringement of international 
humanitarian law was intentional homicide (69%) 
(table 10). Among the remaining categories 
reported, most victims experienced threats (13%) 
and torture (8%). 

No information on the victim's social sector was 
available in 63% of the cases. When social sector 
was identified, peasants accounted for the 
majority of victims overall (70%), and for 
intentional homicide (73%) and torture (87%). 
Peasants were at least 8.8 times more likely to 
have their international humananitarian rights 
violated than persons in the other designated 
classes. 

Kidnaping

With regard to the number of victims of kidnaping, 
the Fundacin Pas Libre together with Fonde 
Libertad conducted a survey for the year 2000 
whose findings are the following. As of December 
31, 2000, 3,706 persons were kidnaped in Colombia, 
16% more than in 1999. An average of 10.5 people 
were kidnaped per day, of which 3.1 were minors. 
The province with the highest number of kidnapings 
was Antioquia with 723 victims, followed by 
Santander with 302 and Valle with 286./27 National 
statistics for May 2001 indicated occupations of 
nearly 70% of the kidnap victims (table 11).

2. Assistance to Victims

The most well-known entities which assist 
different victims are the following: 
* assistance to persons displaced by violence 
(attention to municipalities affected by violence 
-- terrorism, massive-killing, guerrilla attacks, 
combats)
     * Social Network of Solidarity (Public)
     * Fundacin Centro de Investigacin y 
Educacin Popular (CINEP).
     * Consulting Bureau for Human Rights and 
Displacement (CODHES).
     * Ministry of Government (Public)
     * Fundacin Restrepo Barco
     * Chamber of Commerce of Bogot
* assistance to kidnaped persons (program of full 
attention to persons affected by kidnaping)
     * Fundalibre
     * Fundacin Pas Libre
* assistance to minors
     * Centro de Proteccin de Menores
     * Asociacin Afecto
     * Colombian Institute of Family Welfare 
(Public)
     * UNICEF
     * Vctimas de la Vilencia Sexual
* assistance to women
     * Casa de la Mujer
     * Vctimas de la Vilencia Sexual
     * Presidency Casa de la Mujer (Public)
* assistance to family (Assistance to Victims of 
Inter-Family Violence)
     * Governmental Program HAZ PAZ
     * MOSSAVI Program (Models of Social Stress 
from the World Health 
     Organization). This program is currently 
applied at family 
     commissaryships.
     * Colombian Association of Family Defenders.

3. Victim's Role

In the trial stage the victim is empowered to 
request through judicial counsel any evidence 
deemed necessary to clarify the facts. The 
victim's counsel may question the accused on the 
factual subject matter of investigation. 

Also in this stage the victim may file 
reconsideration or appeal petitions against any 
decisions made by the penal judge. The 
reconsideration petition is resolved by the same 
judge who rendered the decision. Appeals are 
resolved by the hierarchical superior of the judge 
who rendered the decision. If a municipal penal 
judge rendered the decisions any appeal is 
resolved by the circuit penal judge. When the 
decision was rendered by the circuit penal judge, 
then the penal chamber of the tribunal resolves 
the appeal.

Once the ruling is rendered, the victim's role is 
restricted to filing an appeal petition, cassation 
petitions, and the action of revision. Appeal 
petitions are resolved by the hierarchical 
superior of the judge who rendered the ruling. The 
Supreme Court of Justice resolves all cassation 
petitions. Revision actions are resolved by the 
body that rendered the ruling (Tribunal/Supreme 
Court of Justice).

In conditional release the victim submits a formal 
request to the penal judge. The judge may grant 
the sentenced person conditional release, provided 
he/she complied with two-thirds of the penalty 
assessed, had good behavior in prison and 
antecedents of every nature that reasonably 
suggest his/her social re-adaptation.

Securing repayment of debts, primarily heard 
before the Civil Jurisdiction, constitutes the 
second reason for victims to resort to justice. 

The report showed that Colombians resort most to 
penal justice (36%). This was followed by civil 
(32%), that includes all matters related to 
payment of debts, family (18%), and labor matters 
(6%)./28 Colombian law allows simultaneous 
processing of penal and civil cases against the 
same person. 

4. Legislation on Victim's Rights

There is legislation to provide support and 
assistance to victims, and legislation concerning 
victims' rights. The following is the legislation 
providing support and assistance to victims:
* Resolution 2700 of 1996 -- witnesses, victims, 
and participants to the trial.
* Law 262 of 2000 -- functions of protection and 
defense of human rights.
Legislation on victims' rights is based on the 
following: 
* Geneva Convention 
* Protocol I and II of the Geneva Convention.

The penal code that came into effect on July 24, 
2001 included a number of crimes against persons 
and properties protected by the International 
Humanitarian Law, which also expands the 
legislation on victims' rights.

Section IV: PENAL PROCEDURE AND RELATED MATTERS

1. Investigation, Search, Capture and Arrest/29

A. Sequence of Penal Proceedings

The public prosecutor (Fiscala) is obligated by 
law to prosecute a case whenever it comes to his 
attention that a crime has been committed. Such 
reports come to the attention of the public 
prosecutor through different means: denunciation, 
querella (criminal complaint), information, 
confidential notices, public notoriety, personal 
knowledge, or thorough any other means of 
communication.

A person who knows of the commission of a crime 
must report it to the authorities (National Police 
and/or Fiscala). If the crime is reported to the 
National Police, the denouncing party will be 
questioned on the circumstances. This includes the 
time, mode, and place of the person whom the 
denouncing party deems to have committed the 
crime. The police report must be submitted to the 
Fiscala, which conducts the preliminary 
investigation of the criminal proceeding. 

Both the National Police and the Fiscala rely on 
crimes reported via telephone. This allows any 
person to report crimes of which they might be 
aware.

Before ordering an investigation the official must 
use definite elements to infer the need of 
initiating a penal trial. To this end, he/she 
authorizes a series of technical, scientific, and 
preliminary activities to determine the facts.

This preliminary investigation determines: a) 
whether or not the crime has been legally 
described, stating the circumstances, mode, and 
location; b) the identity of the authors or 
participants and their specific role; c) whether 
or not the conduct is punishable by the penal law; 
and d) whether or not a criminal action is 
feasible.

Judicial police or the delegate public prosecutor 
may conduct the preliminary investigation. The 
function of the judicial police is to conduct 
investigations under the supervision of the public 
prosecutors. (For a fuller description see Section 
on Police below.) The delegate public prosecutor 
represents the Fiscala before the relevant 
judicial instruments: municipal and circuit 
courts, superior tribunals, and the Supreme Court 
of Justice.

The judicial police are authorized to carry out an 
investigation at the place where the crime 
occurred when the person has been caught in the 
act or near the scene of the crime (in flagrante 
delicto) (flagrancy). In such cases, no ruling or 
special judicial authorization is required. In 
gathering any immediate information on the 
circumstances that might influence the commission 
of the facts, the judicial police may order 
inspections, conduct searches, receive 
testimonies, gather physical evidence or 
indications, or line-up recognition of people 
subject to the rules governing such type of 
proceedings in presence of the counsel for the 
accused, capture whoever might be caught in 
flagrancy, order medical or clinical exams, etc. 
The officer is empowered to order the confiscation 
and forfeiture of property, receiving the 
testimony of those deemed significant. 

The preliminary investigation concludes in two 
ways. The first is upon issuance of an inhibitory 
resolution terminating the case. This happens if 
the conditions provided in Article 327 of the 
Penal Procedure Code are met: the fact did not 
exist; the conduct was not legally described; the 
accused acted under circumstances of justification 
or lack of guilt. The second is upon the issuance 
of a resolution that opens the investigation. An 
order is given to commence the investigation 
process based upon the existence of evidence 
allowing to focus upon a person sufficiently 
identified, whether or not captured. 

The final stage is the trial. Its handling and 
direction are the responsibilities of the judge. 
It is aimed at judgment of the accused through the 
evaluation of the facts and circumstances provided 
in the first stage of the trial or in the 
preliminary investigation conducted by the public 
prosecutor. The trial is public and conducted 
orally (as distinct from a procedure based 
entirely upon reviewing written proceedings). 
Several parties may participate in the discussions 
including the public prosecutor, the 
representative of the Public Ministry (who is 
responsible for seeing that procedural guidelines 
are followed), the counsel for the civil party, 
the accused and his/her counsel. Upon conclusion 
of the presentation of evidence and the 
interventions by the parties in the hearing, the 
judge renders the ruling within 10 days. 

B. Sequence of Penal Process: Arrest/30

In Colombia policeman do not need a warrant or 
special evidence to approach anyone in the street 
to ask his/her name, demand identification 
documents, or make an inquiry. Arrest ("capture") 
operates otherwise. In principle, it may only be 
made through written warrant from a judicial 
authority./31

Police forces are empowered to arrest any person 
at or near the scene of a crime (i.e., in 
"flagrancy"). This is understood as the situation 
where a person is caught while committing a 
punishable act, or when caught and arrested with 
things, tools, or traces leading to inference that 
he/she has just committed a crime.

Any person under precautionary detention shall be 
brought before the competent judge within 36 hours 
so that the judge can make the corresponding 
decision within the term stated by law./32 
Therefore, under certain circumstances police 
authorities are empowered to arrest ("capture") 
people, subject to bringing the person before the 
competent judicial authority within the 36-hour 
term.

C. Exclusion of Illegal Evidence

The Colombian legal system offers evidentiary 
freedom to competent officers when they are 
proving a crime occurred that is subject in all 
cases to the fundamental rights of any individual. 
The 1991 Political Constitution provides the 
following as fundamental rights:
1. right to life
2. right to personal integrity
3. right to equality
4. right to honor and intimacy
5. right to the unrestricted development of their 
personality
6. prohibition of slavery
7. freedom of conscience
8. freedom of religion
9. freedom to express and to transmit and receive 
information
10. Right of petition (right to file respectful 
petitions to the authorities, grounded on reasons 
of general or particular interest and to obtain 
their prompt resolution).
11. freedom of movement and residence
12. right to work
13. freedom to elect profession or occupation
14. freedom of teaching
15. right of association (development of the 
different activities developed by people in 
society).
16. right of reunion (right to publicly and 
peacefully meet and state opinions).
17. right to establish labor unions
18. political rights (the right of every citizen 
to participate in the conformation, exercise and 
control of the public power)

Evidence collected in violation of an individual's 
fundamental rights is deemed illegal and may not 
be used against the person in a court of law. In 
such cases, the judge dismisses the illegal 
evidence through a ruling./33

D. Restrictions on Investigation Techniques

Colombian law forbids every type of investigative 
technique that compromises an individual's 
fundamental rights or results in evidence 
unlawfully obtained. Evidence may be collected 
through means deemed in violation of the 
fundamental rights (for example, right to privacy 
-- telephone intercepting, domicile inspection, or 
registration of a person's abode) provided the 
officers in charge of such collection rely on a 
warrant from a competent judicial authority.

E. Crime Laboratories 

The police rely on laboratories and specialized 
staff to professionally collect evidence as 
required. The police structure includes the 
Directorship of Judicial Police which has 
divisions of ballistics, finger-prints, document 
examination, human identification through DNA 
plans, cartography, and the Bureau of Design for 
human identification.

Generally, if any judge requires support from any 
division in collecting evidence or analyzing data 
already gathered, they will make their request for 
cooperation through the competent official. It is 
common for judicial authorities to use these 
divisions. The practice has proven that 
laboratories and specialized staff meet an 
important function within the Colombian judicial 
system. They are particular tools that assist a 
judge in rendering rulings concordant with the 
law.

2. Precautionary Detention/Freedom Prior to Trial

A. Administration

Precautionary detention is a measure imposed by 
the public prosecutor in the events provided in 
Article 397 of the Penal Procedure Code, which are 
detailed below.

Once precautionary detention has been imposed, 
then the accused's freedom is feasible. This 
freedom is only admissible after the grant of the 
pledge or oath bail (Article 415 of the Penal 
Procedure Code).

There are no special instruments in charge of 
conducting precautionary detentions. Precautionary 
detentions are formalized by a detention warrant 
submitted by the penal judge to the director of 
the prison where the accused is held. The accused 
is entitled to provisional release through oath or 
pledge bail, provided the legal requirements are 
met./34

Pledge Bail

Consists of a money deposit to the order of the 
court granting provisional release. This amount 
secures the compliance of all obligations 
undertaken by the accused. The precise terms of 
the pledge are stated on a written record which 
must be signed not only by the trial judge but 
also by the accused. The writ ordering the release 
or provisional release must clearly state the 
amount of bail required. 

Oath Bail

This form of bail consists of a promise by the 
accused under oath, through execution of written 
promissory agreement providing for the compliance 
of any obligations imposed by the penal judge. It 
is granted to any individual who proves they lack 
economic resources to post a money bail. All 
commitments undertaken by the accused under oath 
must be previously and specifically set forth in 
the written record executed by the Judge and the 
beneficiary.

Obligations of bail beneficiaries:
* appearance before the investigation officer or 
the competent judge, as required.
* observance of good individual, family and social 
conduct, implying the following: 
* refrain from consumption of alcoholic beverages.
* refrain from carrying arms.
* no exercise of unlawful occupation, profession 
or job.
* report of any change of residence.
* no departure from the country without the 
officer's authorization.

B. Criteria

The judicial officer providing the pledge bail 
must take into account factors in determining the 
probability the accused will flee. These include 
such things as the personality of the accused; the 
seriousness of the crime in question; the 
implications and consequences of the crime; and 
the economic condition of the party bound to post 
the bail.

The Judge only grants an oath bail only to people 
proving lack of economic resources to post the 
pledge bail. 

C. Precautionary Detention

If the minimum evidentiary requirements of penal 
liability are met (serious indication ), a 
precautionary detention is applicable. It applies 
to crimes whose minimum penalty is 2 or more years 
of imprisonment in a process of competence of 
penal circuit judges, or when any of the 33 crimes 
set out in the following listing are investigated 
or judged:/35 
* qualified graft (Article 141);
* unqualified graft (Article 142);
* undue enrichment (Article 148);
* active prevarication (Article 149);
* criminal use of stolen goods (Article 177);
* escape of prisoners (Article 178);
* aiding of escape (Article 179);
* procedural fraud (Article 182);
* fire (Article 189);
* provoked flood or land-sliding (Article 191);
* casualty or damage to vessel or air-craft 
(Article 193);
* panic (Article 194);
* forgery of domestic or foreign currency (Article 
207);
* dealing with forged currency (Article 208);
* illegal emissions (Article 209);
* cornering of markets (Article 229);
* profiteering (Article 230);
* economic panic (Article 232);
* unlawful commercial exploitation (Article 233);
* illegal deprivation of freedom (Article 272);
* containment to crime (Article 277);
* fraudulently entering an asylum, clinic, or 
similar establishment (Article 278);
* abusive intercourse with minor of less than 14 
years (Article 303);
* personal injuries entailing deformity (Article 
333);
* personal injuries entailing malfunctioning 
(Article 334);
* personal injuries entailing psychological 
disturbance (Article 335);
* personal injuries with physical loss (Article 
336); 
* aggravated larceny (Article 351);
* those provided in Decree 1730 of 1991.

In addition, precautionary detentions are 
permitted in the following cases:
* when the accused has been definitely sentenced 
due to willful or preterintentional crime 
entailing penalty of imprisonment. 
* when the arrest due to willful or 
preterintentional crime entailing penalty of 
imprisonment has been in flagrancy.
* when the accused unreasonably does not post the 
pledge or oath bail within the 3 days following 
service of the writ imposing the same or resolving 
the reconsideration petition, or upon default to 
any of his/her obligations under the terms of the 
bail agreement, in which case he/she shall also 
lose the pledge bail.
* in the event of injuries caused in a negligent 
manner as provided in Articles 333, 334, 335 and 
336 of the Penal Code, when the accused, at the 
time of the act, is under the effects of alcohol 
or drugs or substances causing physical or 
psychological dependence evidenced through a 
technical opinion or through para-medical methods, 
or whenever he/she abandons the place of 
occurrence in an unjustified manner.

D. Statistics

At present there are no data concerning the number 
of people arrested and not sentenced who gain 
conditional release.

Until 1998 the National Administrative Department 
of Statistics (DANE) was responsible for the 
collection of this data. A questionnaire was 
completed by all judicial courts based on their 
active cases. Nevertheless, all courts did not 
meet such requirement. Thus, the data available up 
to 1998 are not reliable.

At present, each State agency must rely on a 
division in charge of statistical data. The 
Superior Council of the Judiciary -- the body in 
charge of supervising the functioning of judicial 
courts and offices -- does not rely on a system to 
implement information concerning provisional 
release.

3. Legal Rights of the Suspect/Accused

The fundamental rights protecting suspects and 
accused are the following: 
* Every individual is free. No one may be 
importuned in his/her person or family, sent to 
jail or arrested, nor may his/her home be searched 
except on the strength of a written order from a 
competent legal authority, subject to legal 
procedures and for reasons previously provided for 
by law. A person in precautionary detention will 
be placed at the disposition of a competent judge 
within the subsequent 36 hours so that the latter 
can make an appropriate determination within the 
deadlines established by law. In no case may there 
be detention, imprisonment nor arrest for 
debts./36
* Due process will be applied in all cases of 
legal and administrative proceedings.
* No one may be judged except in accordance with 
previously written laws which will provide the 
basis of each decision before a competent judge or 
tribunal following all appropriate forms. 
* In penal law, permissive or favorable law, even 
if subsequent, will be applied in preference to 
restrictive or unfavorable alternatives. 
* Every individual is presumed innocent until 
he/she is proved to be legally guilty. Whoever is 
accused is entitled to defense and the assistance 
of counsel selected by the accused or 
automatically during the investigation and trial; 
to an appropriate public trial without 
unreasonable delay; to present evidence and to 
refute evidence alleged against the accused; to 
challenge the condemnatory sentence; and not to be 
placed in double jeopardy for the same act.
* Evidence obtained in violation of due process is 
null and void de jure./37 
* Whoever is deprived of his/her freedom and 
believes to be so illegally, is entitled to invoke 
habeas corpus before any legal authority, at any 
time, on his own or through a third party. Habeas 
corpus must be resolved within the term of 36 
hours./38
* Any judicial sentence may be appealed or 
consulted when provided by law, save  legal 
exceptions. (Note: there are some cases which 
require mandatory consultation before the Council 
of State, for example, when the State is condemned 
to pay certain amounts of money, or when a minor's 
rights are involved.)
* When the accused is the sole appellant, the 
higher court may not impose a heavier penalty./39
* The accused who is caught in flagrancy may be 
apprehended and taken before a judge by any 
individual. Should he/she be pursued by the agents 
of law and order and take refuge in his/her own 
home, the law-enforcement agents may enter the 
domicile to apprehend the accused. Should the 
accused be caught in somebody else's home, a 
request from the resident will have to be sought 
beforehand./40 
* No one may be forced to testify against 
himself/herself or his/her spouse, permanent 
companion, or kin to the fourth level of 
consanguinity, affinity two ranks removed, or one 
rank removed in civil law./41 
* Deportation, prison for life, or confiscation of 
property are prohibited.
However, a judicial sentence may nullity ownership 
of property when same is the result of undue 
enrichment in a manner injurious to the Public 
Treasury or causing serious harm to social 
morality./42

In the development of the constitutional 
principles, the legislature introduced a number of 
procedural rights specifically providing 
guarantees for arrested suspects as well as for 
individuals deprived of their freedom.
In fact, the procedural rules state that any 
arrested person shall be promptly informed and a 
written statement on the following shall be 
made:/43
* the reasons for the arrest and the officer who 
ordered the same.
* the right to hold a prompt interview with a 
counsel.
* the right to indicate the person who must be 
informed of his/her apprehension. The party 
responsible for the arrest shall promptly inform 
the said arrestee or the person designated.
* his/her right, whenever it refers to a prior 
investigation, to render a spontaneous version of 
the facts for which he/she is accused, under the 
caption that he/she can remain silent as to the 
accusation made. The said version can only be 
rendered in presence of a counsel.
* the right not to be held incommunicado./44

At the place of his/her imprisonment the arrested 
person shall be entitled to treatment concordant 
with human rights, such as not becoming a victim 
of cruel, degrading, or inhumane treatment; to be 
visited by an official or private physician 
whenever necessary; to have adequate meals, to be 
afforded with means and opportunities to work or 
study; to have an interpreter of his/her language 
if needed at the time of being personally served 
of any ruling, all of which is summarized in 
respect for his/her human dignity./45

4. Investigation and Preparation of the Case 

A. Officer in Charge of the Investigation

Investigations in Colombia are conducted by the 
Public Prosecutor. However, the judicial police 
aids the Public Prosecutor in the collection of 
sufficient evidence to re-construct the facts.

B. Role of the Public Prosecutor

In the investigation the public prosecutor is 
bound to: 
* accuse the presumed offenders, secure their 
appearance in court by adopting any applicable 
securing measures.
* to direct and coordinate the functions of 
judicial police performed by the bodies mentioned 
by law.
* to see to the protection of victims, witnesses 
and participants in the proceedings.
* adopt any appropriate measures to enforce the 
restoring of rights and indemnification of damages 
caused through the crime.
* search to clarify the facts that gave rise to 
the investigation and to determine the identity of 
the active subject in such punishable conduct.

C. Preparation of the Case

The bodies exercising ancillary functions in our 
legal system and the collaborators in justice 
administration (judicial police) that are 
subordinated to the Fiscala General de la Nacin, 
question, search and inquire to find evidence. 
This allows the judicial body to rely on 
evidentiary grounds to clarify whether or not the 
unlawful act existed, the degree of participation 
of the presumed liable parties and to grade the 
liability of the authors or participants. This 
also illustrates the officer about the modus 
operandi and the circumstances of mode, time and 
place surrounding the investigated crime.

In brief, the first stage of indictment and 
investigation of the case is related to the 
function of the Fiscala General de la Nacin. The 
trial stage is related to the penal judge whose 
primary functions are: direction of the 
proceedings, handling of hearings, assessment of 
evidence and, rendering of rulings according to 
law.

5. Pretrial Diversion 

Colombia has no pretrial diversion program. If a 
person is arrested and is an adult (for minors see 
infra), his/her case is processed through the 
justice system until it either results in a 
finding of guilt or innocence, or is dismissed 
because of lack of evidence. There are no programs 
that allow an arrestee to be released before trial 
and to either enter rehabilitation program or to 
pay restitution by doing some other activity that 
results in the case being terminated without a 
finding of guilt or innocence, or a lack of 
evidence to proceed./46

6. Termination of Cases Without Trial

A. Number of Penal Proceedings Terminated Before 
the Trial Stage

In the year 2000, out of 1,069,897 penal 
proceedings, 644,049 cases terminated prior to the 
trial stage. That is to say, 60% of the total./47 
There are no reliable statistics of cases 
terminated specifying the seriousness of the 
proceeding. 

B. Reasons for Termination of Penal Proceedings 
Prior to Trial.

The following reasons preclude an investigation 
(dismissal of the case) in Colombian law:/48
* upon full evidence that the crime did not occur
* upon uncontestable evidence in the sense that 
the accused did not commit the crime
* whenever the conduct has not met a definition of 
illegality
* evidence of justification, lack of guilt, or 
inadmissibility
* whenever there is a full indemnification with 
respect to crimes that have been identified. 

In such cases the judge issues an interlocutory 
ruling whereby the penal action is terminated. 
Such ruling is designated with the name 
"preclusion of the investigation," if rendered by 
the attorney under the investigation stage; or 
"writ for cessation of proceeding," if rendered by 
the judge in the trial stage.

B. Organization of Case Attrition   

In civil matters, complaints can be dismissed in 
the following events: 
* when the court to which the same is presented is 
not competent to decide on the case.
* upon expiration of its term to present it before 
the competent judicial authority. For example, 
there are civil complaints that must be filed 
within certain deadlines. Otherwise, the court 
shall definitely dismiss the complaint.
* when the court has requested certain document to 
accompany the complaint and such document is not 
filed within the 5 following days.

In penal matters, criminal accusations 
(denunciations) cannot be dismissed. During the 
proceedings discontinuing the investigation would 
result from inefficiency and negligence by 
prosecutors and courts. This would be due to a 
prosecutor or judge delaying the practice or a 
given evidence, or discontinuing the investigation 
to attend other matters. Negligent conduct by the 
judge is subject to disciplinary penalty by the 
Superior Council of the Judiciary. 

No reliable information is available on the 
matter. 

7. Convictions Without Trials 

Colombia has three systems that accelerate 
deadlines in criminal proceedings and to accord 
reduction of penalties to the accused. The first 
is named "advanced ruling" (sentencia anticipada), 
the second "special hearing" (audiencia especial) 
and the third, "benefits due to effectual co-
operation" (beneficios por colaboracin eficaz). 

Two requirements are to be met for an advanced 
ruling in order to afford the accused with a 
reduction in the penalty. First, total or partial 
confession of the crimes committed. Second, the 
State must have sufficient evidence to conclude 
that the accused committed the crime. 

In the special hearing the public prosecutor and 
the accused can negotiate the penalty under 
circumstances fully different than those set forth 
with regards to advanced ruling. (See: Negotiated 
Dispositions, section B below.)

If the accused renders an effectual co-operation 
at any stage of the proceedings ("benefits due to 
effectual co-operation"), he/she shall be given 
certain benefits primarily consisting of the 
reduction of the penalty to be imposed or already 
imposed. 

A. Statistics

No data available on the proportion of convictions 
obtained in exchange for some consideration from 
the state. 
 
B. Negotiated Dispositions

In a penal proceeding the legislature provided the 
possibility for the accused to resort to a special 
hearing to negotiate their penalty with the public 
prosecutor. Generally the special hearing has the 
following characteristics:/49
* Parties entitled to request it. The accused, 
whether directly or through his/her counsel. Ex-
officio, by the competent attorney.
* Processing. Once the hearing begins, the 
prosecutor shall present the concrete charges that 
have been proven. The accused shall state his/her 
opinion in their regard and should any 
discrepancies arise, they shall be pursued to 
reach an agreement.
* Admissibility. Existence of evidentiary doubts 
as the form of participation by the accused in the 
crime or as to the occurrence of generic or 
specific circumstances of punitive aggravation. 
For example, it is unknown whether it refers to 
authorship or complicity; or the existence of 
doubts as to the crime committed (aggravated 
theft, instead of abuse of confidence, or whether 
the crime is preterintentional rather than willful 
or negligent, etc./50 
* Remittance to the competent judge. Within the 5 
days following the execution of the agreement 
between the prosecutor and the accused, the 
proceedings shall be submitted to the competent 
judge in order to revise its legality. This 
control of legality authorizes the judge to revise 
all and each of the agreements and to verify 
whether or not the same are in conformity with the 
penal substantive or procedural laws.

If the judge finds the agreement in conformity 
with Law, then he shall render a ruling formally 
and materially subject to the requirements 
applicable to every judgment.
* Benefits. The accused electing the benefit of 
special hearing shall be acknowledged with 
benefits of penalty reduction from one sixth to 
one third of the penalty. Another form of 
negotiation available to the accused is effectual 
cooperation with the Fiscala General de la Nacin 
since such may report a number of benefits 
basically related to reduction of penalty.

Benefit due to effectual cooperation/51 

The Attorney General of the Nation or the Attorney 
designated by him, prior to an opinion from the 
General Prosecutor of the Nation (Procurador 
General de la Nacin) or his delegate, may consent 
to one or more benefits as provided, with any 
investigated, judged or sentenced persons, by 
virtue of the cooperation they might render to any 
authorities for the effectual administration of 
justice. The agreement is subject to approval from 
the competent judicial authority.

The agreement of benefits may be proposed after an 
evaluation by the Fiscala as to the degree of 
efficiency or significance of the cooperation, in 
furthering the following criteria:
* contribution to the authorities in the 
dismemberment or lessening of criminal 
organizations or the capture of one or several of 
their members/52
* contribution to the success of the investigation 
as to determination of authors or participants in 
crimes
* collaboration in the effectual prevention of 
crimes or reduction of consequences from crimes, 
whether already committed or in course/53
* delatio (denunciation) of leaders of criminal 
organizations, accompanied by actual evidence of 
their responsibility/54
* voluntary appearance before judicial authorities 
or free confession non contested through other 
evidence
* voluntary abandonment of a criminal organization 
by one or several of its members
* identification of sources of funding of criminal 
organization and seizure of properties devoted to 
such funding
* delivery of goods and tools used in the 
commission of the crime or resulting therefrom.

A rebate of one-sixth to two-thirds of the penalty 
corresponding to the indicted may be 
accumulatively accorded in the sentence and 
depending on the degree of cooperation; exclusion 
or grant of specific events of punitive 
aggravation or mitigation, respectively; 
provisional release, sentence of conditioned 
performance, conditional release under the terms 
provided in the Penal Code; replacement of penalty 
of freedom deprivation in exchange of social work, 
benefit of an increase in penalty reduction due to 
work, study or teaching; domiciliary detention 
during the process of while complying the 
sentence, in crimes with minimum legal penalty for 
the most serious crime not exceeding 8 years of 
imprisonment; and incorporation to the Program of 
Protection to Victims and Witnesses.

In no event may the benefits involve the total 
release of the penalty, nor shall they be 
contingent upon a confession by the collaborator.

Collaboration during the instruction stage/55

If the collaboration takes place during the 
instruction stage, the agreement between the 
prosecutor and the accused shall be set forth in a 
record executed by the participants, which record 
shall be submitted to the Judge for its relevant 
control of legality.

Upon receipt of the record, the judge within a 
term not exceeding 5 business days may present his 
comments on the content thereof and to the grant 
of any benefits, in a final writ. In the latter he 
shall also direct the prompt return of the file to 
the prosecutor.

Within a term not exceeding 10 business days, the 
prosecutor and the accused shall present their 
comments on the judge's comments in a supplemental 
record which shall be returned thereto.

Upon receipt of the original or supplemental 
record, as the case may be, the judge within a 
term not exceeding 10 business days shall approve 
or disapprove the agreement through interlocutory 
ruling susceptible of all ordinary remedies in 
case the agreement has been disapproved. Those 
remedies may be filed by the accused, his/her 
counsel or the agent from the Public Ministry.

Upon approval of the agreement by the judge, the 
prosecutor shall grant the benefit whenever it 
refers to provisional release or domiciliary 
detention. In the event of other benefits, the 
judge shall acknowledge so in the final ruling.

Whenever the person applies for an advanced ruling 
or special hearing and states his/her willingness 
to effectually cooperate with the justice, then 
the procedure provided in Article 37 or 37A of the 
Penal Code shall apply, as the case may be.

Collaboration concomitant or subsequent to 
trial/56

Whenever the collaboration takes place in the 
trial stage, the Fiscala shall present the 
acknowledgment of benefits for consideration and 
approval by the judge, through submission of the 
relevant record. Upon acknowledgment of the 
benefit in the cases of provisional release and 
domiciliary detention, the judge shall immediately 
accord the same. If it relates to other benefits, 
the judge shall accord them in the sentencing 
ruling, if appropriate. 

If the collaboration is subsequent to the trial, 
then the judge of penalties enforcing or whoever 
might act as such, upon request of the Fiscala, 
may order any of the following: grant conditional 
release; sentence of conditioned performance;/57 
replace the penalty of incarceration with social 
work, reduce the penalty due to work, study or 
teaching; or inclusion in the program of 
Protection to Victims and Witnesses.

Any person reasonably believing that he/she is 
being sought or prosecuted by the penal 
authorities may have recourse to the procedure 
described above. This is done by resorting to the 
Attorney General of the Nation or his Delegate and 
making oneself available to conduct any 
investigative actions so as to definitely resolve 
his/her legal situation through the ordinary means 
of due process.

Recidivism in the commission of crimes after 
invoking the procedure mentioned above deprives 
the person of the possibility of a new resort to 
the benefits provided by law./58

8. Trial

A. Procedure

If the proceedings have not been declared invalid, 
at the trial stage the judge sets the date and 
time for the public hearing. The hearing is 
divided in two stages. 

First there is a reading of the resolution of 
indictment and all procedural documents that the 
parties may request, or the judge deems relevant. 
The accused is interrogated, if in person, on the 
crime of which he/she is charged and on matters to 
reveal his/her personality.

The evidentiary stage, the second stage, is 
characterized by the participation of all 
procedural agents (public prosecutor, 
representative of the Public Ministry, counsel of 
the civil party, the accused and counsel), who 
freely refer to the facts, evidence, and generic 
or specific circumstances that might aggravate, 
mitigate, or exclude the accused's 
liability./59,60

No trial by jury exists in Colombia. The trial 
stage implies participation by a judge in the 
penal proceedings. Judges must be attorneys-at-law 
graduated from any of the universities certified 
by the National Ministry of Education. 

The Colombian system does not provide for 
presentation of the case in the trial hearing 
since it is held to present the evidence requested 
by the parties, including testimonies. When the 
judge takes testimony, he interrogates the 
witness. He/she then allows the victim's and the 
accused's counsel to interrogate the witness on 
the subject matter of the proceedings. The 
attorneys may request the penal judge to not hear 
certain witnesses for the counter-party should 
they consider them suspicious. In this event, the 
attorney must provide reasons for such 
suspicion./61 

Upon conclusion of the presentation of evidence 
and intervention of the parties in the hearing, 
the judge renders the ruling within 10 days. 
 
B. Trial Outcomes

The survey conducted by the Administrative Chamber 
of the Superior Council of the Judiciary shows 
conclusions in connection with the outcomes of 
penal trials handled by the country's judicial 
districts.

For 1999, the Superior Council of the Judiciary 
conducted a survey regarding the number of rulings 
rendered by municipal penal judges throughout the 
judicial districts in the country (table 12). 
These rulings solely involved persons older than 
18 years of age rendered in proceedings decided by 
municipal penal judges./62

There is no data concerning the number of persons 
involved in each ruling. However, if several 
persons were involved, the judge decided on the 
conviction or acquittal of each of them.

9. Sentencing and Penology

A. Discretion In Sentencing 

Under Colombian law every ruling must be based on 
evidence presented in the proceedings in an 
adequate and timely manner.

The gathering of evidence and its assessment allow 
the judge to render the applicable ruling 
according to law. Judges must assess evidence as a 
whole in accordance to the rules of reasoned 
judgment (sana crtica), subject to the 
formalities provided in the substantive law.

The general structure of rulings is in two parts: 
reasons and decisions. The reasoning section 
includes a brief description of the facts 
investigated to determine the identification or 
individualization of the accused. It includes a 
summary of the indictment and allegations filed by 
the prosecutorial agents. Also included is an 
analysis of the allegations, as well as a legal 
assessment of the evidence upon which the judge 
based his/her decision./63

The decision part states, in conformity with the 
reasoning portion of the ruling, whether or not a 
sentence or discharge of the investigated facts 
shall be produced. 

As stated above, the decision contains a section 
setting forth the acquittal or conviction 
(condemnation) of the accused. This section must 
be concordant with the reasons to acquit or 
convict the accused. That is to say, if the 
section of reasons concludes that the accused is 
guilty, then his/her condemnation must be 
expressed in the decision. The judge cannot 
conclude the liability of the accused in the 
section of reasons, then absolve him/her in the 
decision./64 

B. Formalities in Rendering the Ruling

The judge must render the appropriate ruling 
within 10 business days of the conclusion of the 
presentation of evidence and the public 
hearing./65 

Various persons may make submissions to the penal 
proceedings. The judge can be aided by a number of 
assistants in assessing the accused, and to rely 
on sufficient elements of judgment to render a 
ruling in conformity with law. Those ancillary 
sciences include forensic medicine, judicial 
psychology, forensic psychiatry, and the judicial 
police. This allows the judge to order an expert's 
opinion whenever special, scientific, technical, 
or artistic knowledge is required./66

Witnesses are also persons who may provide 
elements of judgment to the judge in his duty of 
rendering a ruling. A testimony is the evidentiary 
means whereby the procedural activity causes the 
deposition of a certain person other than the 
parties and their representatives that relates 
what facts they know that are directly relevant to 
the proceedings./67

C. Probation

Colombia does not have a probation system whereby 
convicted offenders are sentenced to a non-
custodial arrangement under which they remain 
under the supervision of a probation officer for a 
period of time. 

D. Type of Penalties 

Criminal penalties in Colombian law are classified 
as primary and ancillary. Primary include 
imprisonment, detention, and fines. Secondary 
include: domiciliary restraint, loss of official 
employment, interdiction of public rights and 
functions, prohibition to exercise certain arts, 
professions or occupations, suspension of patria 
potestas, expulsion from the national territory 
and prohibiting the consumption of alcoholic 
beverages./68

Following is a list of the penalties imposed by 
reason of the most significant crimes:

Crime/                        
  Penalty imposed

Espionage/                         
  imprisonment of 3 to 12 years 
Offence to diplomatic agents/           
  imprisonment of 6 months to 3 years
Rebellion/                         
  imprisonment of 5 to 9 years and fine  
  of 100 to 200 minimum salaries
Embezzlement/                 
  imprisonment of 6 to 15 years and fine 
  equivalent to the value of whatever was 
  embezzled and interdiction of public 
  rights and functions of 6 to 15 years
Undue enrichment/                  
  imprisonment of 2 to 8 years, fine 
  equivalent to the enrichment and 
  interdiction of public rights and 
  functions for the same term as the 
  principal penalty
Prevarication/69                   
  imprisonment of 3 to 8 years, fine 
  of 50 to 100 minimum salaries
Violence against public servants/  
  imprisonment of 1 to 3 years
False denunciation/           
  imprisonment of 6 months to 2 years  
  and fine of 500,000 pesos
False testimony/                   
  imprisonment of 1 to 5 years
Concealment/                       
  arrest of 6 months to 4 years
Escape of prisoners/               
  imprisonment of 6 months to 2 years
Procedural fraud/                  
  imprisonment of 1 to 5 years
Plot to commit crimes/             
  imprisonment of 3 to 6 years
Terrorism/                         
  imprisonment of 10 to 20 years and  
  fine of 10 to 100 minimum salaries
Arson/                             
  imprisonment of 1 to 8 years and fine 
  of 10 to 300 minimum salaries
Manufacture and dealing of arms
and ammunition of exclusive 
use by the military forces/        
  imprisonment of 3 to 10 years and 
  forfeiture of the concerned material 
Forgery of domestic or foreign currency/          
  imprisonment of 1 to 6 years
Trademark forgery/                 
  imprisonment of 1 to 5 years and fine 
  of 1,000 to 20,000 pesos
Documentary falsehood/             
  imprisonment of 3 to 10 years
Laundering of assets/              
  imprisonment of 6 to 15 years and 
  fine of 500 to 5,000 minimum salaries.
Illicit profiting of biological resources/   
  imprisonment of 3 a 7 years and fine 
  of 50 to 300 minimum salaries 
Environmental contamination/       
  imprisonment of 2 to 8 years and fine 
  of 150 to 500 minimum salaries
Electoral perturbation/            
  imprisonment of 1 to 6 years
Electoral fraud/                   
  imprisonment of 6 months to 5 years
Alteration of electoral results/   
  imprisonment of 6 months to 3 years
Incest/                       
  imprisonment of 6 months to 4 years
Alimony Nonsupport/           
  arrest of 6 months to 3 years and 
  fine of 1,000 to 100,000 pesos
Kidnaping/                         
  imprisonment of 25 to 40 years and 
  fine of 100 to 500 minimum salaries
Illicit violation of communications/         
  arrest of 6 months to 2 years
Rape/                              
  imprisonment of 8 to 20 years
Statutory rape/                    
  imprisonment of 1 to 5 years
Pandering/                         
  imprisonment of 2 to 4 years and 
  fine of 50 to 500 minimum salaries
Defamation/                        
  imprisonment of 1 to 3 years and 
  fine of 1,000 to 100,000 pesos
Slander/                      
  imprisonment of 1 to 4 years and 
  fine of 5,000 to 500,000 pesos
Homicide/                     
  imprisonment of 25 to 40 years 
Genocide/                     
  imprisonment of 45 to 60 years, 
  fine of 500 to 2,000 minimum salaries 
  and interdiction of public rights and 
  functions of 5 to 10 years
Personal injuries/                   
  if the injury consists of inability 
  to work or illness not exceeding 30 days, 
  the penalty shall be of arrest of 2 months 
  to 2 years;
  if the injury is of more than 30 days 
  but less than 90, the penalty shall be of 
  6 months to 3 years and fine of 1,000 to 
  5,000 pesos;
  if the injury exceeds 90 days, the penalty
  shall be of 18 months to 5 years of imprison-
  ment and fine of 1,000 to 10,000 pesos
Abortion/                          
  imprisonment of 1 to 3 years
Abandonment of minors and disabled persons/  
  imprisonment of 2 to 6 years
Larceny/                      
  imprisonment of 1 to 6 years
Extortion/                         
  imprisonment of 4 to 5 years
Defrauding/                        
  imprisonment of 1 to 10 years and 
  fine of 500,000 pesos.
Illegal issuance and transfer of checks/          
  imprisonment of 1 to 3 years
Abuse of confidence/               
  imprisonment of 1 to 5 years
Defrauding/                        
  imprisonment of 1 to 4 years
Usurpation of lands/               
  imprisonment of 1 to 3 years
Usurpation of waters/              
  imprisonment of 1 to 5 years
Damage to others' property/        
  imprisonment of 1 to 5 years

E. Capital Punishment

At present capital punishment is not admissible 
under any circumstances. It was prohibited under 
the 1991 Constitution, and by Article 4  3 of the 
Interamerican Convention approved in Colombia 
through Law 17 of 1972, "no capital punishment 
shall be restored in those States that have 
abolished the same."/70

At certain times in Colombian history capital 
punishment was in effect. Until 1849 the capital 
penalty was permitted. The law dated May 26, 1849 
abolished capital punishment for political crimes, 
and the 1863 Constitution abolished it for all 
punishable acts. Capital punishment was restored 
in the 1886 Constitution, then abolished again 
through Legislative Act Number 3 of 1910. 

10. Appeals

A. Number of Cases Appealed

In 1999 of an aggregate 42,108 rulings rendered by 
circuit penal judges, 8,644 (21%) were appealed 
before the Superior Tribunal./71 

B. Reasons to Appeal

Generally, appeal petitions are filed when there 
is a disagreement with the ruling of the penal 
judge. Appellants seek repeal, clarification, 
amendment, or supplement of the original decision.

In addition to appeals, there are extraordinary 
remedies like cassation and revision. 
Extraordinary cassation remedy in penal matters 
proceeds in the following cases:
* when the ruling infringes any provision of 
substantive law
* when the ruling does not conform with the 
charges pressed under the resolution of indictment
* when the ruling has been rendered in a trial 
having no legal standing.

The action of revision proceeds against definite 
rulings in the following events:
* when there has been a sentence or imposition of 
security measure against two or more persons for 
the same crime, and the crime was likely committed 
by only one person, or by a lesser number of 
persons than those sentenced
* when there has been a sentence or imposition of 
security measure in a process which could not be 
initiated or conducted given the prescription of 
the action, lack of a complaint or validly 
presented petition, or due to any other cause of 
an elapsing sentence
* when new facts or evidence arises after the 
sentence, not concurrent with the arguments at 
trial, and that might serve to prove the convicted 
innocent, or the impossibility of his/her guilt
* when subsequent to the ruling a definite 
decision serves to prove that the decision was 
determined by a criminal fact by the judge or a 
third party
* when a definite ruling proves that the judgment 
under revision was grounded in false evidence
* when the court, in a judicial ruling, has 
changed the legal criteria that served as grounds 
for the sentence.

C. State-Appeal

Ordinary remedies, including appeal, may be filed 
by the holder with legal interest in the case./72 
The attorneys and the Public Ministry, as parties 
to the penal proceedings and representatives of 
the State, are entitled to appeal.

11. Conditional Release from Prison/Parole

A. Existence of Conditional Release/Parole System

Colombia operates a system of conditional release 
from prison. The system does not operate like 
parole systems in other countries, in which the 
parolee is supervised by a parole officer. In 
those systems the parolee must regularly (monthly) 
report to the parole officer about his activities. 
Colombia's system is just a system of conditional 
release from prison. 

B. Authority Granting the Conditional Release

The party empowered to grant a conditional release 
is the Judge of Penalty Enforcement./73 A 
conditional release is granted to the person 
sentenced to penalty of detention for more than 3 
years, and imprisonment exceeding 2 years, when 
he/she has completed two-thirds of the 
sentence./74

C. Criteria For Granting Conditional Release

In granting conditional release, the judge 
considers the following: the personality of the 
person sentenced; his/her prior criminal record; 
his/her individual, familial, and social behavior; 
and his/her life-style (occupation, arts or 
profession performed). Criminal records, as well 
as anything occurring during the process, and 
while completing two-thirds of the penalty, are 
taken into account (confessions, acceptance of 
charges, attempts at restitution, collaboration 
with officials, teaching, work, studies, whether 
or not he/she assisted the investigators, attitude 
toward the damage caused, attempted escape, 
unjustified idleness, commission of other crimes, 
etc.)./75,76 

Article 74 of the Penal Procedure Code provides 
that if during the interim term afforded to the 
sentenced (consisting of the remaining time to 
complete the sentence and up to one-third more) 
he/she commits a new crime or breaches the 
obligations imposed, his/her conditional release 
shall be revoked and the remaining penalty shall 
be enforced. The official in charge of revoking 
the conditional release is the Judge of Penalty 
Enforcement.

D. Proportion of Release Under Parole

No reliable data available.

E. Number of Persons Enjoying Release Under Parole 

No reliable data available according to 
information from the Fiscala General de la 
Nacin./77

Section V: POLICE

1. Administrative Organization

A. Administrative Structure

In Colombia there is a single National Police. It 
is an armed body established to provide a 
permanent public service of civil nature and 
depending on the Nation./78 Its primary purpose is 
to uphold the conditions necessary to enforce all 
public rights and freedoms and thus to assure 
civil peace.

The administrative organization is as follows: 
* General Directorship of the National Police
* General Secretariat 
     * Bureau of Institutional Performance
     * Bureau of Communications
* General Sub-Directorship
     * General Inspection 
* Operative Directorship
     * Civil Security
     * Information Police Strategy
     * Community Participation
* Directorship Judicial Police
     * Area of Crimes Against Life
     * Area of Crimes Against Patrimony
     * Area of Special Crimes 
     * Area of Criminalistics 
     * Area of Service and Support
* Directorship of Intelligence
     * Area of Public Policy
     * Area of Counter-intelligence
     * Area of Technical Operations
     * Area of Electronic Intelligence
     * Area of Service and Support
* Anti-narcotics Directorship
     * Area of Aviation
     * Area of Eradication
     * Area of Interdiction
     * Area of Service and Support
* Directorship of Special Services 
     * Area of Protection
     * Area of Support and Special Programs 
* Directorship of Extortion and Anti-kidnaping 
     * Area of Technical Operations and Judicial 
     Police
     * Area of Regional Gaulas
     * Area of Service and Support
     * Area of Intelligence
* Directorship Escuela Nacional de Polica General 
  Santander
     * Area of Admissions
     * Area of Investigation and Technologic 
Development
     * Area of Service and Support
     * Area of Continued Education
     * Area of Training
* Directorship of Human Resources 
     * Area or Promotion and Development
     * Area of Registry and Control
     * Area of Military Enlisting
* Administrative and Financial Directorship
     * Financial Area 
     * Area of Maintenance
     * Area of Service and Support
     * Area of Intendance
* Directorship of Salubrity 
     * Area of Promotion 
     * Area of Labor Medicine 
     * Administrative and Financial Area 
     * Area of Ambulances
     * Ambulatory Area 
* Directorship of Social Welfare
     * Area of Education
     * Fiscal Housing 
     * Area of Service and Support
     * Area of Recreation and Sports.

B. Hierarchical Structure

The Colombian Political Constitution grants the 
President of the Republic the capacity as Head of 
the State, Head of Government and paramount 
administrative authority, and as Supreme 
Commandant of the Republic's armed forces the 
power to direct the National Police. 

The Minister of National Defense, The Police 
General Director

The internal hierarchical structure of the 
National Police is the following:
* Police General Director
1st Category -- Officials 
     * General
     * Major General
     * Brigadier General
     * Colonel
     * Lieutenant Colonel
     * Major
     * Captain
     * Lieutenant
     * Sub-Lieutenant
2nd Category -- Sub-Officials
     * Major Sergeant 
     * First Sergeant 
     * Vice-First Sergeant 
     * Second Sergeant 
     * First Foreman
     * Second Foreman
3rd Category -- Executive Level
     * Commissary
     * Assistant Commissary
     * Intendant
     * Assistant Intendant
     * Squad Policemen and Carabineers.
4th Category -- Staff of Agents 
     Agent, Special Agent, Soldiers
5th Category -- Assistants
     * Bachelor Assistants
     * Ordinary Assistants.

2. Annual Budget

For the year 2001 the National Police budget 
amounted to $2.08 trillion COP (Colombian pesos), 
equivalent to $9.06 million USD (table 13)./79

3. Staff/80

The National Police relies on an aggregate of 
103,167 persons, equivalent to 239 policeman per 
each 100,000 inhabitants./81 It is distributed as 
follows:
* Uniform Personnel: Performing duties to keep the 
conditions necessary for the exercise of public 
freedom and rights, through close contact with 
citizens, so that they must be distinguished 
through their uniforms, 75,807
* Transition Personnel: Consisting of assistant 
bachelors and students of police schools attending 
courses for officials and executive level, 20,765
* Non Uniform Personnel: Consisting of personnel 
from the Military Penal Justice and personnel 
responsible for administrative tasks not demanding 
public recognition, so that they do not wear 
uniforms, 6,585.
(Source: National Police, Department of Human 
Resources. Information furnished by Captain Zulma 
Rodrguez in an interview dated June 12, 2001.)

Female staff is 4,512, equivalent to 4% of the 
total.

4. Qualifications and Entry Requirements

In order to be admitted as an ordinary assistant, 
the following requirements must be met:
* Colombian-born.
* age: 18 to 28 years.
* marital status: single, no children.
* education: minimum of 5th grade
* minimum height: 1.60 m.
* approval by selection process in a test of 
knowledge and physical condition.

In order to be admitted as an official in the body 
of surveillance, the following requirements must 
be met:/82
* Colombian-born.
* not older than 24.
* marital Status: single, no children.
* high school graduate.
* State academic test: 240 points.
* minimum height: men 1.65 m, women 1.60 m.
* approval by selection process in a test of 
knowledge and physical condition.

Finally, to be admitted in the executive division, 
the following is required:
* Colombian-born.
* age: 18 to 28 years.
* marital status: single, no children.
* high school: Bachelor.
* State academic test: 240 points.
* Minimum height: 1.60 m.
* approval by selection process in a test of 
knowledge and physical condition.

In addition to the specific requirements, persons 
willing to be part of the National Police may not 
have antecedents of disciplinary nor criminal 
nature.

5. Initial and In-Service Training

The training and education of the police is of two 
kinds depending on their level.

Directive levels require the training offered by 
Escuela de Polica General Santander in two 
academic modalities:/83 
* Professional Technician in Police Service.
* Program of Police Administration./84
Professors are policemen and academics.

For executive levels, Escuela de Polica General 
Santander offers technical and technological 
courses which depend on the modality of service. 
These are:
* rural   
* judicial police
* intelligence
* transit
* driveways
* dog handlers
* anti-narcotics
* pilots
* communications

The subjects of the program "Professional 
Technician in Police Service" are the following:
* Organization of Police Services
* Procedures of Police Prevention
* Physical Training
* Shooting Fundamentals and Practice
* Legal Regulations
* Institutional Regime
* Police Philosophy and Ethics
* Procedures of Police Intervention
* Basic Principles of Logistics
* Driving and Transit
* Communication Techniques and Skills
* Projects Design
* Police Law
* Military Penal and Procedure Law
* Human Rights and Humanitarian International Law 
* Cultural Identities
* Special Regulations (environmental policies-
fiscal and customs policies)
* Psychology for Personal Development
* Human Performance

The subjects of the program "Police 
Administration" are the following:
* Historic Development of the Police
* Institutional Regime
* Shooting Fundamentals and Practice
* Psychology for Personal Development
* Introduction to Law and General 
Constitutionalism
* Human Rights
* Fundamentals of Logics and Mathematic Analysis
* Basic Procedures for Crime Prevention 
* General Criminalistics 
* Prevention and Attention of Disasters and 
Calamities 
* Training on Leadership
* Community Participation
* Colombian Constitutional Law
* Forms to Reach in Front of Crimes
* Communications
* Police Reports
* Basic Intelligence
* Physical and Sport Training
* Shooting Knowledge and Practice
* Police Philosophy
* Police Ethics
* Special Plans and Procedures
* Electronic Security
* Operative Intelligence
* Personal Defense 
* Horse-back Riding 
* Human Performance
* General Criminology 
* Urban and Rural Transit Police
* Procedures of Judicial Police
* Colombian Psychology and Problems 
* Penal and Military Penal Procedure
* Management of Human Talents
* Verbal Expression and Handling of Media
 
6. Initial Salary

Agents in the National Police earn $900,000 COP 
per month, equivalent to $390 USD.

7. Disciplinary Regime 

There are two codes governing discipline: Law 200 
of 1995 (Sole Disciplinary Code) applied to the 
non-uniformed personnel and Decree 1798 of 2000, 
applied to regiment personnel.

For non regiment personnel the penalties in case 
of breach to the Disciplinary Code are the 
following: 
* primary penalties
     * admonishment
     * fine
     * non compensated suspension of functions for 
       up to 90 days
     * destitution/85
     * suspension of labor or personal services 
       contract, for up to 90 days
     * termination of labor or personal services 
       contract
     * removal
     * removal from office as provided in  1 of 
Article 278 of the Political Constitution.
* ancillary penalties
     * prohibition to exercise public functions
     * return, restore, or repair of the affected 
       property, as the case may be
     * exclusion from the roll, for those therein 
       registered.
     
The entity competent to conduct disciplinary 
proceedings and to impose appropriate penalties is 
the Superior Council of the Judiciary.
Likewise, the Procuradura General de la Nacin, 
(Office of the Public Prosecutor of the Nation) a 
body supervising the official conduct of those 
exercising public functions, may in preference 
exercise disciplinary powers by conducting any 
appropriate activities and assessing the relevant 
penalties according to law.

For uniform personnel disciplinary faults are 
gross, serious, and minor.

Primary Penalties --
* dismissal -- consisting of the definite 
cessation of functions
* suspension -- cessation of functions without 
compensation for the term of 1 to 60 days
* fine -- liability imposed on the offender to pay 
a certain amount of money of up to 30 days of 
his/her basic monthly wage
* written admonishment -- disapproval in writing 
of the offender's conduct or behavior.

Ancillary Penalties --
* prohibition to exercise public functions for a 
term of 1 to 5 years.

The authorities with disciplinary powers over 
uniformed personnel are the following:
* Minister of National Defense
* General Director of the National Police
* Assistant-General Director of the National 
  Police
* General Inspector of the National Police
* Directors of the General Directorship
* Heads of assistant bureaus
* Commandants of metropolitan police
* Provincial commandants
* Directors of training sections
* Assistant-provincial and metropolitan police 
  commandants
* District commandants
* Trial judges of the National Police engaged in 
  military penal justice
* Heads of area and station commandants
* Group heads and station assistant-commandants.

Other than the officers vested with disciplinary 
power, any citizen may file complaints concerning 
the police before the Bureau of the Police High 
Commissioner. There are no civil citizen groups 
nor external agencies of surveillance upon the 
police's conduct. 

The following are examples of penalties imposed 
upon policemen, by reason of improper behavior:
* On September 18, 2000, in the city of Bogot 
D.C., three policemen were removed for extortion 
of businessmen. Additionally, they were criminally 
punished.
* On January 19, 2000, in the city of Medelln, 
two policemen were suspended for 30 days for 
excessive use of force during a student protest.
* On June 17, 2000, in the city of Neiva, a police 
sergeant was admonished in writing after 
disrespecting a police lieutenant./86
 
8. Legal Authority

The National Police is legally ruled by the 
Colombian political constitution of 1991, the 
Decree 1355 of 1970, the Decree 1798 of 2000, and 
Law 200 of 1995.

Regulation                 Matter Ruled

Decree 1355 of 1970        National Code 
                           of Police
Law 200 of 1995            Disciplinary order 
                           for public officers  
                           (non uniform personnel 
                           of the National Police)
Decree 1798 of 2000        Disciplinary order 
                           for uniform personnel
                           of the National Police.

9. Relationship with the National Army 

The Political Constitution provides that the 
public force will consist of the military forces 
and the National Police./87 The Police and the 
Military Forces are formally independent 
institutions with their own budget and personnel. 
However, they develop joint programs and 
activities such as --
* communications -- The National Police and 
Military Forces reciprocally use the communication 
facilities of the other in those places where 
their own are inadequate or lack sufficient 
coverage.
* military intelligence -- Any information 
obtained on a criminal justice matter by either 
institution must be furnished to the other, to the 
extent required for the achievement of their 
goals. At present, cooperation in military 
intelligence is crucial for the preservation of 
public order.
* anti-kidnaping squads -- Both the police and 
military forces rely on specialized personnel to 
fight kidnaping, a crime that has become one of 
the most often committed in Colombia.
* recruitment programs -- The Army is the 
institution in charge of the recruitment of 
personnel bound to military enlistment. A portion 
of personnel is submitted to the National Police 
to fulfill military enlistment requirements.

10. Labor Unions

There are no police labor unions.

11. Technological Infrastructure/88

A. System of Identification

The Judicial Police relies on three systems of 
identification: fingerprints through the AFIS 
system, human identification through DNA, and 
operational files. There is a project to create a 
Bank of Identification through panoramic 
radiography and dental charts. 

Automated System of Identification -- AFIS 

Its primary function is to allow the 
identification of a person through fingerprints, 
using the comparison of features in spot images 
(designs made by papillary ridges or lines in the 
last phalanx of hand fingers, called FINGER 
PRINTERS).

The Directorship of the Judicial Police has a data 
base of 5,000,000 fingerprint cards and 30,000 
latent (traces raised by fingerprint technicians 
in the place of the acts after commission of the 
crime, using special chemicals), expandible 
without limits.

The following are the components of the AFIS 
system, that allow entering data and searching for 
a particular fingerprint:
* data entry -- allows the scanning of fingerprint 
cards and latent fingerprints; deliver to quality 
assurance; search in data bases and revision of 
the outcomes from such searches
* verification -- revision of all search outcomes 
by comparing one or more of the searched finger-
prints and determination of the matching with the 
scanned fingerprints
* searcher processor -- allows conduct of the 
search requested at entry
* data saver and retriever -- saves and retrieves 
fingerprint images
* direct capture of data -- allows the entry of 
biographical data of a given person and capture of 
his/her fingerprints without need of ink
* remote station of capture -- capture of full-
dactyl cards and descriptive texts, as well as 
latent fingerprints and transmission thereof to 
the central site for their processing 
* NIST server -- allows the exchange of 
information between remote stations and the 
central site.

The headquarters of the AFIS system are located in 
Bogot and it has eight stations throughout the 
country, located in the cities of Medelln, Cali, 
Ccuta, Barranquilla, Pasto, Cartagena, and 
Bucaramanga. Finally, the country's AFIS system is 
under control of the DIGIN (Directorship of the 
Judicial Police).

This system records all people criminally 
sentenced, who therefore have criminal records. 
When consulting a person's judicial record his/her 
fingerprints are compared to those entered in the 
system to learn whether or not he/she has been 
sentenced. Access to the AFIS system is easy and 
rapid.

Human Identification through DNA

This is the study concerning molecular human 
variation applied to criminalistics. The police 
through the Directorship of the Judicial Police 
produce experts' evidence crucial in investigation 
proceedings. Likewise, the institution relies on 
laboratories to make analysis of samples to 
determine the identity of persons and the 
identification of substances.

The police also use other methods such as the 
dental card, photography, anthropometry, 
radiography, spectography, graphology and 
biological samples indicating: ABO typification, 
Lewis system, hair morphology analysis, protein 
typification and typification of molecular markers 
(DNA).

Operational Archive

This is an archive created to collect, assess, and 
provide information allowing the identification, 
individualization, and location of persons 
involved in an investigation conducted by any 
agency aiding the administration of justice. The 
archive interconnects the information provided by 
the following entities:
* National Direction of Customs and Taxes
* Fiscala General de la Nacin
* Office of the National Registrar of the Civil 
Status
* Ministry of Transport
* Administrative Department of Security
* National and District Cadastre
* Asobancaria (Association of Banks)
* Chamber of Commerce of Bogot
* Confecmaras
* Superintendency of Corporations
* Superintendency of Surveillance and Private 
Security
Institute of Social Security
* Asofondos de Colombia
* Ministry of Communications
* Communication Companies
* Empresa de Telfonos de Bogot (Telephone 
Utility Company of Bogot)

All Colombian citizens hold a citizenship 
identification card issued by the Office of the 
National Registrar of the Civil Status, a central 
State agency. The following information is shown 
on the card: name, place and birth date, skin 
color, height, particular signs, photography, 
fingerprint, signature, and blood-type (RH).

B. Vehicles/89

The National Police owns vehicles of the following 
makes:
*Nissan Station-wagon
*Toyota Prado
*Renault Mega B.
*Motorcycle Suzuki 350
*Motorcycle Honda 185
*Motorcycle Suzuki 185
*Toyota Hi-lux
*Station-wagon Chevrolet Luv
*Micro-bus Hyundai
*Station-wagon Ford 350 X
*Station-wagon Mazda
     
C. Arms

The National Police has the following arms:/90
* M-60 machine guns
* grenade launchers
* Galil rifles (caliper 762 and 556)
* R-15 rifles 
* 9 milimiter caliper pistols
* 38 caliper revolvers 
* helicopters equipped with Monigum electric 
machine guns 
* USI machine guns
* tear gas launchers. 

D. Systems of Hidden Surveillance

The police have the following surveillance 
systems:/91
* night visors
* ground placement systems (GPS)
* video cameras
* systems of telephone interception.

E. Radios/92

The National Police relies on the following system 
of communications:
* conventional networks: defined as networks of 
local coverage without further intelligence. The 
system is of low level of stability, which can be 
blocked in a rather simply manner.
* trunking networks: these are networks with 
further intelligence. This system is accessed 
through frequency channels upon request of the 
person willing to communicate with the network. In 
such system the allocation of frequencies is not 
fixed but dynamic; thus, providing greater 
security and coverage at a national level.

F. Computers

For the National Police computers have become a 
crucial tool in their work. In general terms, 
computers meet two basic functions -- internal 
administrative processes and crime-fighting 
through the following systems: 
* system of information in the handling of 
properties and sole archive (SIBIAU) --/93
     comprised of applications for handling 
     information on vehicles, aircrafts, real 
     properties, arms, communication equipment 
    and other  properties; their owners, holders, 
    and historical data
* system of criminalistics information (SICRIM) --
     comprised of applications for the handling 
     of personal and family data, often visited 
     places, occupation, studies, and prison 
     records, warrants of capture, notations, 
     rulings, information on holding cells, 
     finger prints, interfaces with AFIS, 
     necro-fingerprints and consultations for 
     researchers and SIJIN
* system of information for the handling of crime 
reports
(SIDECO) --
     comprised of utilities to record 
     denunciations, transgressions, 
     participants, affected properties, facts, 
     and production of reports
* system of information for the handling of 
delinquency statistics and operativity control 
(SIEDCO) --
     comprised of utilities to handle statistical 
     information arising from each police unit, 
     and, in penal or transgressional events, 
     to produce the daily bulletin, the weekly report 
     for committees of surveillance and the annual 
     magazine of criminality
* system of information for work orders and case 
follow-up (SIORCA) --
     comprised of utilities to handle 
     investigations in different cases, 
     including control upon investigators, 
     participants, crimes, and case-
     by-case follow-up
* system of information for the handling of 
     criminal organizations (SIORGA)--
     comprised of utilities to handle members, 
     surrounding ambiance, modus 
     operandi, characteristics, activities, areas 
     of influence, and operation of the 
     different criminal organizations now existing.

12. Special Programs/94

For 2000 and 2001 the National Police relied on 
the Integral Plan of Civil Security which consists 
of the interlink between institutional plans and 
programs, such as, Schools of Civil Security and 
Fronts of Local Security, Community Police, CAI 
Program (Immediate Attention Centers) and special 
groups.

The plan is aimed to counterbalance and/or 
diminish the most frequent crimes that affect the 
community such as street-robbery, vehicle theft, 
theft to residences, bank robbery, homicide, 
accidents, and kidnaping. 
     Other programs --

Programs developed              Programs developed 
in strategic                    with citizens       
alliances with foundations  
Support to homes in extreme     Fronts of local security
poverty     
Homeless                        Schools of social security
Support to sports               Networks of communication
and art talents                 and support       
Negotiation and resolution      Youth civil police
of disputes   
Civism and civil consciousness          

Source: National Police. Section of Community 
Police. Data regarding Strategic Alliances with 
Foundations and Programs of community 
participation developed jointly with citizens. May 
2001.

Section VI: PROSECUTORS

1. Administrative Organization

A. Structure

In Colombia the public prosecutors are the 
attorneys who are members of the Fiscala General 
de la Nacin. They are usually referred to as "the 
Attorney." For purposes of this BJS World 
Factbook, however, we have referred to them 
throughout as "prosecutors."

The Fiscala General de la Nacin is part of the 
Judiciary Branch but has administrative and 
budgetary autonomy. It is made up of the Attorney 
General of the nation as its chief, the Assistant 
Attorney General of the nation, the Delegate 
Attorneys, and employees of the Fiscala./95

The Fiscala General de la Nacin has the 
following internal structure:
* Office of the Attorney General
* Directorship of International Affairs
* Planning Office
* Legal Office
* Office of the Assistant Attorney General
* Office of Protection and Assistance
* Center of Information on criminal activities
* Press and Information Office
* Office of the Secretary General
* Office of Internal Control 
* Office of Personnel
* Office of Surveillance and Claims
* National Directorship of Fiscalas
* Sectional Directorships of Fiscalas
* Delegate Units of Fiscalas
* National Directorship of the Technical Body of 
Investigation
* Sectional Directorships of the Technical Body of 
Investigation
* School of Criminal Investigation and Forensic 
Sciences
* Administrative and Financial Directorship
* Sectional Administrative and Financial 
Directorships.
     As an Ascribed Entity:/96
* National Institute of Legal Medicine and 
Forensic Sciences.

B. Private Prosecutors

No private prosecutors exist in Colombia. 

2. Annual Budget

For 2001, the Fiscala had a budget of $556.02 
trillion COP, equivalent to $24.17 million USD./97

3. Staff

In 2001, 3,634 public prosecutors served the 
Judicial Power courts (table 14).

4. Qualifications and Entry Requirements

The following is required in order to be appointed 
as Attorney General of the nation:/98
* to be Colombian by birth and a citizen in good 
standing.
* be an attorney-at-law.
* not to have been sentenced through judicial 
ruling to imprisonment, except for political 
crimes or misdimeanors of negligence.
* to have filled for 10 years, positions in the 
Judiciary Branch or the Public Ministry, or to 
have exercised honorably for a like period, the 
profession of attorney-at-law or university 
teaching in juridical disciplines at officially 
recognized institutions.

The Attorney General of the Nation is elected for 
a 4-year term by the Supreme Court of Justice, 
from a list of three candidates submitted by the 
President of the Republic.

Other attorneys are appointed by the Superior 
Council of the Judiciary through public selection 
that takes into account their legal knowledge on 
penal matters. Once they have been appointed they 
become part of the administrative roll. 

5. Training

The Administrative Chamber of the Superior Council 
of the Judiciary assists with the training and 
updating of the officers employed by the Judiciary 
Branch including the prosecutors./99 The latter 
pass an introductory term of 3 months under 
direction of their superior in the hierarchy. 
Additionally, they receive continued training with 
regard to matters of technical and legal nature of 
their competence.

6. Initial Salary

Salaries for prosecutors were provided in Decree 
2740 of 2000. The monthly compensation ranged from 
$12.74 million pesos ($5,525 USD) for the Attorney 
General of the Nation to $2.55 million pesos 
($1,104 USD) for delegate attorneys to municipal 
judges (table 15).

7. Liability

Any claims concerning actions by officials of the 
Fiscala may be filed with the Office of Internal 
Control of the Fiscala General de la Nacin. The 
following are the penalties which can be imposed:
* primary penalties --
     * admonishment
     * fine
     * non-compensated suspension of functions for 
       up to 90 days
     * destitution
     * suspension of labor or personal services 
       contract for up to 90 days
     * termination of labor or personal services 
       contract
     * removal
     * discharge from office as provided in 
       Article 278,  1 of the Political Constitution
* ancillary penalties --
     * inability to exercise public functions
     * return, restore or repair, as the case may 
       be, of the affected property
     * exclusion from the roll to those therein 
       registered.

If the charges merit investigation, the office 
submits the file to the relevant officer or 
disciplinary body which is determined by the 
accused official's position: 
* Attorney General of the Nation has the same 
constitutional privilege as magistrates from high 
entities and, accordingly, his trial in case of 
disciplinary faults is conducted by the National 
Congress/100
* Vice-attorney and Delegate Attorneys to the 
Supreme Court of Justice and Tribunals are judged 
by the Disciplinary Jurisdictional Chamber of the 
Superior Council of the Judiciary/101
* Attorneys to judges are judged by the Superior 
Council of the Judiciary/102 
* Employees of the Fiscala are judged by 
hierarchical superiors, subject to the preference 
of the Head of the Public Ministry./103

On the other hand, the Procuradura General de la 
Nacin may investigate the conduct of officials of 
the Fiscala General de la Nacin. The Delegate 
Procuradura for judicial inspection reports a 
total of 72 active investigations for the term 
between year 1995 and 2000. These investigations 
have not been decided and are still pending 
regarding administrative or procedural 
disciplinary faults. The most frequent 
disciplinary faults relate to delays in the 
proceedings, investigations, and rulings by 
magistrates, judges, and attorneys. Likewise, 
there are failures due to procedural 
irregularities, particularly with respect to 
magistrates. This is also the matter where judges 
are mainly accountable./104

For the year 2000, 124 officials of the Fiscala 
General de la Nacin were accused of committing 
criminal offences (table 16)./105

The penal procedure code sets out the competence 
for public prosecutors, according to their level, 
to investigate, qualify, and accuse the following 
officials: 
* Attorney General of the Nation -- all top 
officers enjoying constitutional privilege./106 
This includes the following: General Prosecutor of 
the Nation, People's Defender, and agents of the 
Public Ministry Delegate to the Supreme Court of 
Justice, the Council of State, and Tribunals; 
directors of administrative departments, 
Controller General of the Republic, ambassadors 
and heads of diplomatic or consular missions, 
governors, magistrates of tribunals, Army generals 
and Navy admirals./107 Said competence may be 
directly assumed or through Delegate Attorneys to 
the Supreme Court of Justice. The Attorney General 
is also empowered to investigate, qualify, and 
accuse in any case where he might deem it 
necessary
* Vice-General Attorney of the Nation -- the 
Delegate Attorneys to Superior Tribunals/108 
* Delegate Attorneys to the Supreme Court of 
Justice -- any public servants whose 
investigation, qualification and indictment, if 
applicable, might be delegated by the Attorney 
General of the Nation/109
* Delegate Attorneys to District Superior 
Tribunals -- circuit, municipal, and minors 
judges, Delegate Attorneys to the foregoing 
juzgados, and agents of the Public Ministry for 
crimes committed in executing their functions/110 
* Delegate Attorneys to circuit, municipal, and 
all-case court judges -- city mayors./111 

In general, Delegate Attorneys to circuit, 
municipal, and all-case courts investigate, 
qualify, and accuse, if appropriate, every crime 
except those committed by the public officers 
mentioned in the chart above./112
The Fiscala General de la Nacin has divided the 
Delegate Attorneys before circuit, municipal, and 
all-case courts in specialties as follows: crimes 
against public administration, against sexual 
propriety, against public faith, against public 
security, against economic patrimony, against 
life, personal injuries, financial crimes and 
crimes subject to complaints.

Denunciations (complaints) are filed with the 
Office of Allocations of the Fiscala General de 
la Nacin, which shall submit them to the relevant 
prosecutor. Should the latter be deemed not to be 
appropriate, then he shall return the denunciation 
to the Office of Allocations so that it can be re-
submitted to the competent prosecutor.

8. Discretion/Decision Freedom

Two alternatives arise when the Public Prosecutor 
learns of the possible commission of a crime -- 
the Public Prosecutor may proceed to issue a 
resolution opening the investigation or may choose 
not to do so. The resolution opening the 
investigation is issued when there is sufficient 
evidence to conclude that the crime actually 
occurred and that the conduct is described in the 
penal code.

The Public Prosecutor refrains from conducting the 
investigation and terminates the case when the 
crime did not occur, when the conduct is not 
described in the penal code, or when an event 
excluding culpability is proven.

If the Prosecutor elects to issue a resolution 
opening the investigation, he has an 18-month term 
to conduct the relevant investigations -- if it 
relates to 1 or 2 crimes, or accused persons -- or 
a maximum of 30 months if it relates to 3 or more 
crimes, or accused persons.

Upon conclusion of the investigation stage, the 
Public Prosecutor issues a resolution of 
indictment or of termination of the investigation. 
In the event of resolution of indictment, the case 
shall pass to the penal judge who shall render the 
relevant ruling by convicting or acquitting the 
accused.

As stated above, the accused may be afforded a 
reduction in the penalty if he/she makes use of 
the following mechanisms provided in the Colombian 
Penal law: Advanced Ruling, Effectual Co-operation 
with Justice, and Special Hearing.

Each of the above implies the compliance of a 
number of requisites by the accused, as explained 
above in Section IV,  7.

9. Technology

With support from the Interamerican Agency of 
Development, the Fiscala has used four areas of 
technological support since 1998: the redesign and 
development of a new recording system to update 
information on capture warrants, securing 
measures, and definite rulings; the creation of a 
telecommunications system to facilitate the 
activities of control in offices of the Fiscala; 
the development of effective and agile tools of 
information for the performance of functions by 
the technical body of the Judicial Police; the 
assembly of an integrated system of 
statistics./113

There are no accurate figures on the technological 
equipment owned by the Fiscala. Computers and 
technology constitute a significant, common tool 
for the Fiscala General de la Nacin.

Section VII: TYPE OF DEFENSES

1. Administrative Organization

In Colombia's penal justice system there are three 
type of defenses:
* private counsels paid by the client -- as of 
February 13, 2001 there were 106,032 counsels duly 
registered, equivalent to 246 counsels per each 
100,000 inhabitants./114  There are no statistical 
data concerning the number of practicing counsels. 
* public defenders -- provided by the State 
through the Office of the People's Defender, 
assist those lacking economic resources to provide 
their own defense. As of July 5, 2001, there were 
a total of 967 public defenders, equivalent to 
22.4 public defenders per each 100,000 
inhabitants./115 
* staff solicitor -- when no public defender is 
available in the place where the proceedings are 
conducted or whenever it is impossible to promptly 
appoint one. There is no statistical data 
concerning the existing number of staff 
solicitors. 

2. Annual Budget

The annual budget of the Defensora del Pueblo 
(Office of the Public Defender) that includes the 
salaries of public defenders was $32.67 billion 
COP, equivalent to $14.17 million USD./116 As 
stated above, the Defensora del Pueblo assumes 
the public defense of accused persons not having 
resources to pay a private counsel. However, the 
Defensora del Pueblo, carries out certain other 
functions, such as the assurance of human rights 
and recommendation of policies to promote the 
same, filing of popular actions, presentation of 
draft laws and instruction to the aboriginal 
populations as to the defense of their rights. Due 
to these tasks, not all of its budget is devoted 
to public defenses.

3. Initial Salary

In 2001 a public defender engaged to the 
Defensora del Pueblo earned a monthly salary of 
$1.6 million COP, equivalent to $694 USD. It is 
noted that each defender processed an average of 
70 or 80 penal cases./117

4. Liability

With respect to the disciplinary regime, we find 
that Law 200 of 1995 is applicable as analyzed in 
the section concerning non regiment personnel of 
the National Police. (See Section V,  7).

Section VIII: JUDICIAL SYSTEM

1. Administrative Organization

* Judiciary Branch-Jurisdictions
* Ordinary Jurisdiction
* Supreme Court of Justice
* Superior Tribunals of Judicial District
* Circuit Courts
* Municipal Courts
* Contentious Administrative Jurisdiction
* Council of State
* Administrative Tribunals 
* Constitutional Court
* Jurisdiction of Indian Communities
* Superior Council of the Judiciary
* Administrative Chamber 
* Disciplinary Jurisdictional Chamber 
* Fiscala General de la Nacin

2. Annual Budget/118

In 2001 the budget allocated to the Judiciary 
branch was $698.74 billion COP, equivalent to 
$303.14 million USD.

3. Staff

At present, the Judiciary Branch is made-up of 
3,262 judges, magistrates, and magistrates of the 
Council of State (table 17)./119
 
4. Qualifications and Entry Requirements

Any person wanting to be a magistrate of judicial 
bodies, judge of the Republic or a prosecutor, 
must belong to the judicial roll./120 For 
admission into these positions, the candidate must 
pass the selection by merit conducted by the 
Superior Council of the Judiciary. This process is 
the evaluation of the knowledge, skills, 
abilities, experience, moral qualification, and 
personality of the candidates, the inclusion of 
eligible candidates in the registry, and placement 
of qualified candidates on the judicial roll./121

Tribunal magistrates, judge of the Republic, or 
prosecutors must have these qualifications:
* Colombian by birth and a citizen in good 
standing and in full enjoyment of his/her civil 
rights
* a counsel through title granted or validated as 
provided by the law
* a character of ability and compatibility.

There are additional specific requirements for 
these positions:
* municipal judge -- professional experience of at 
least 2 years
* circuit judge -- professional experience of at 
least 4 years
* tribunal magistrate -- professional experience 
of at least 8 years.

5. Initial and In-Service Training

Any judge appointed for the first time must attend 
an introductory course for at least 3 months. It 
is given in a judicial office under the direction 
of the officer with the highest rank. Colombian 
law provides that all judicial officers, including 
judges, who have not attended specialization, 
master, or doctorate courses, shall attend a 
course on judicial updates at least every 2 years.

Every employee of the Judiciary Branch must attend 
training or updating courses techniques in 
judicial administration at least every 3 
years./122

In 2000 the judicial college Rodrigo Lara Bonilla, 
in furtherance of Law 270 of 1996 and of Agreement 
425 of 1998 issued by the Administrative Chamber 
of the Superior Council of the Judiciary, directed 
its efforts to train and update 12,901 officers 
and employees by providing 176 courses on legal, 
administrative and technological matters, and 
legal software.

The following are programs established by the 
Superior Council of the Judiciary for training 
Judiciary branch officers:/123
* programs of initial training -- 32 courses with 
an average class time of 54 hours and coverage to 
1,482 officers were scheduled, arranged, 
coordinated, and controlled through agreements 
with prestigious universities aimed towards the 
initial training of Judiciary Branch officers. 
These courses were attended by magistrates of 
administrative and disciplinary chambers of the 
Sectional Councils of the Judiciary, all new 
magistrates of Superior District Tribunals, judges 
of various specialties entering the judicial roll, 
and municipal and circuit judges.
* programs on continued training -- in 2000 the 
Superior Council of the Judiciary scheduled, 
arranged, and offered 92 courses with coverage of 
6,793 officers throughout the 31 judicial 
districts in the country. The courses of continued 
training were specially directed to federal judges 
and magistrates in the following modalities: 
legislative updating, workshops and conferences 
per jurisdiction, forums and seminars on judicial 
management, intensive courses on management of 
proceedings, and classes and workshops, among 
others.

6. Initial Salary

The monthly salaries payable to penal judges range 
from $2.55 million pesos ($1,105 USD) to $5.56 
million pesos ($2,412 USD) (table 18)./124

7. Liability

The disciplinary legal regime is provided in Law 
200 of 1995. 
Penalties are as set forth below:
*primary penalties --
      * admonishment
      * fine
      * non-compensated suspension of functions 
        for up to 90 days
      * suspension of labor or personal services 
        contract for up to 90 days
      * termination of labor or personal services 
        contract
      * removal
      * discharge from office as provided in 
        Article 278,  1 of the Political 
        Constitution.
*ancillary penalties --
      * inability to exercise public functions
      * return, restore, or repair of the affected 
        property
      * exclusion from the roll to those therein 
        registered.

Any complaint must be filed with the Superior 
Council of the Judiciary or the Procuradura 
General de la Nacin, entities which are 
responsible for conducting disciplinary 
proceedings against judges. 

8. Technology

At present, the trial courts of the Supreme Court 
of Justice and Superior Tribunals, as well as some 
circuit penal courts, are computerized. Very few 
municipal penal courts have computers. Of the 
1,047 penal courts in the country, 41% have 
computers./125

Section IX: PROBATION/CONDITIONAL RELEASE

1. Administrative Organization 

Colombia has no probation system of the kind found 
in some countries. There is no "probation agency" 
with the two main responsibilities found in 
typical probation institutions elsewhere: 
providing judges with pre-sentencing information 
about the offender in order to assist in the 
determination of the proper sentence; and 
supervising offenders who are sentenced to release 
on probation. However, Colombia has a system that 
has some of the functional equivalents of a 
probation system. 

The sentencing judge is supplied with a lot of 
information about the defendant before sentencing 
him (see Section of Sentencing supra). In 
addition, the offender may be sentenced to 
conditional release rather than incarceration. 
When this is done the sentencing judge notifies 
the police.

The following obligations are imposed by the Judge 
of Penalty Enforcement when granting a conditional 
release: 
1. to report every change of residence
2. to practice a lawful profession or occupation
3. to repair the damages caused, unless 
impossibility to do so is proven 
4. to refrain from consuming alcoholic beverages 
5. to be submitted to surveillance by the 
authorities
6. to observe proper conduct

There is no agency exclusively devoted to verify 
the compliance of such duties. However, in the 
event of conditional release the Judge of Penalty 
Enforcement reports the release to the 
Administrative Department of Security (D.A.S), the 
Technical Body of the Fiscala (C.T.I), the 
Procuradura, and the Contralora. These agencies 
are required to report to the judge any new 
development regarding the accused of which they 
become aware. 

2. Total Annual Budget

There is no specific budget for this purpose given 
that there are no officers exclusively devoted to 
supervising conditional releases.

3. Officers in Charge of Conditional Releases and 
Accused Parties

As stated above, there are no officers exclusively 
in charge of supervising conditional releases. 

4. Qualifications and Entry Requirements 

Not applicable.

5. Initial and In-Service Training

Not applicable.

6. Initial Salary

Not applicable.

Section X: PRISONS, JAILS AND CORRECTIONAL 
ESTABLISHMENTS

1. Administrative Organization

A. Organization

The Instituto Nacional Penitenciario y Carcelario 
(National Institute of Penitentiaries and 
Prisons), a public institution ascribed to the 
Ministry of Justice and Law with legal capacity, 
own patrimony and administrative autonomy. It 
consists of all penitentiary centers in the 
country, the Escuela de Penitenciaria Nacional, 
and every other body assigned to or engaged in the 
achievement of its purposes.

In Colombia the classification of correctional 
establishments is different from that in North 
America. They include jails, prisons, special 
jails and penitentiaries, women's seclusion, 
prisons for members of the armed forces, colonies, 
home-prisons, and rehabilitation 
establishments./126

Jails are for precautionary detention, exclusively 
devoted to the detention and surveillance of 
accused. These may belong to either the judicial 
district or circuit district.

National penitentiaries are devoted to custody of 
sentenced persons serving their penalty of 
imprisonment, by means of a gradual and 
progressive system of treatment. Seclusion centers 
are of high, medium, and minimum security (open 
establishments). The construction features and 
internal regime determine their differences.

Home-prison is a place devoted to both 
precautionary detention and to serving of 
penalties imposed for crimes committed in car 
accidents.

Rehabilitation establishments and psychiatric 
pavilions are establishments devoted to the 
lodging and rehabilitation of persons qualified as 
unindictable due to mental illness or 
psychological immaturity, pursuant to the opinion 
of an expert. Such establishments are of assisting 
nature and may be specialized in psychiatric and 
drug-addiction treatments and make part of the 
official sub-sector of health.

High-security prisons and penitentiaries are 
devoted to sentenced persons whose detention and 
treatment deserve further security, without 
prejudice of the re-socializing purpose of any 
penalty.

Women's seclusion establishments are devoted to 
detention and compliance of penalties imposed upon 
female violators.

Prisons for members of the Public Force (Police 
and Military) are seclusion centers established 
for members of the National Police and the 
National Army. 

Agrarian colonies are establishments to serve the 
penalty imposed, preferably for sentenced persons 
of peasant origin or devoted to agrarian 
education.

Special establishments are used when the crime has 
been committed by personnel of the Instituto 
Nacional Penitenciario y Carcelario, officers and 
employees of the penal justice, officials of the 
judicial police and of the Public Ministry, public 
servants of popular election, officers enjoying 
legal or constitutional privileges, the elderly, 
and Indians. The precautionary detention takes 
place in special establishments or facilities 
furnished by the State. This type of establishment 
is also used for persons who served as elected 
public servants.

B. Number of Institutions

Currently, Colombia has 168 prisons for people of 
legal age (table 19)./127 This includes high-
security establishments in certain 
jurisdictions./128

Minors are rehabilitated in the following 
institutions which, contrary to the above, do not 
belong to the Instituto Nacional Penitenciario y 
Carcelario but to the Instituto Colombiano de 
Bienestar Familiar (Colombian Institute of Family 
Welfare) and to non-profit organizations:
* open institutions -- institutions where the 
Colombian Institute of Family Welfare transfers 
minors in order to achieve their rehabilitation 
* closed institutions -- institutions where minors 
are transferred. 

Contrary to open institutions, the minor is bound 
to remain for as long as necessary in a closed 
institution for his/her rehabilitation. 

C. Youth facilities

Minors may not be subject to penalties in 
establishments run by the Instituto Nacional 
Penitenciario y Carcelario. Whenever circumstances 
and the Minors Code demand the placement of a 
minor in a custodial institution and there is no 
such custodial institution available, the minor 
may be secluded in a special pavilion or annex to 
a prison establishment. In any case, all provinces 
and municipalities are bound to create and 
maintain centers for social correction of minors. 
There are 10 rehabilitation institutions for 
minors, both "open" and "closed."/129 

2. Annual Budget

For the year 2001 the annual budget of the 
Instituto Nacional Penitenciario y Carcelario is 
$303.7 trillion COP, equivalent to $131.7 million 
USD./130 

3. Guards/Prisons/Beds

A. Number of Guards

At present, there is a total of 6,390 guards in 
prison establishments, equivalent to one guard per 
each 8.3 prisoners./131

B. Number of Prisoners

As of May 14, 2001, a total of 53,156 prisoners 
are in the imprisonment establishments of the 
country, equivalent to 123 prisoners per each 
100,000 inhabitants./132

C. Number of Beds

There are no accurate data for the number of beds 
in prison establishments.

4. Qualifications and Entry Requirements

From time to time, the Instituto Nacional 
Penitenciario y Carcelario opens its hiring 
depending on the vacancies available. The persons 
interested in such offices shall meet the 
following admission requirements:
* have a high school degree
* be older than 18 years and younger than 25
* absence of criminal record
* absence of disciplinary record
* those with military service shall have evidenced 
good behavior in the relevant institution.

5. Initial and In-Service Training/133

The training course for guards in imprisonment 
establishments last 8 months and the following 
subjects are studied:
* Narcotics
* Arms
* Social Work 
* Security and Logistics
* Personal Defense 
* Penal Law
* Ethics and Values
* Judicial Police
* Human Rights
* Penitentiary Legislation
* Sports.

6. Initial Salary/134

The monthly salary of a guard in the country's 
prison establishments is $1.16 million COP, 
equivalent to $504 USD.

7. Liability

In disciplinary matters, the applicable regime is 
the one provided in Law 200 of 1995 (Sole 
Disciplinary Code) and in Law 65 of 1993. 

Law 200 of 1995 provides that any irregular 
conduct by guards is investigated by the body of 
internal control of the Instituto Nacional 
Penitenciario y Carcelario and the Procuradura 
General de la Nacin. Any claim arising from such 
conduct may be filed with the Procuradura General 
de la Nacin. The Bureau of Internal Control of 
each Prison Establishment or their Directorship 
submits them to the Bureau. 

If guilty of deleterious conduct in the exercise 
of duties, any prison guard may be subject to 
principal or ancillary penalties, depending on the 
seriousness of the fault. The principal and 
ancillary penalties provided are generally applied 
to all persons exercising public functions and 
listed in the chart under Section VIII,  7.

8. Rehabilitation Activities

Working at custodial establishments is mandatory 
for all sentenced persons as a therapeutical means 
for re-socialization. It is arranged pursuant to 
the skills and abilities of the prisoners, among a 
number of options./135 Persons older than 60 years 
or suffering any incapacitating illness, and women 
during the 3 months preceding and 1 month after 
giving birth, are not bound to such work 
activities./136 The work conducted by prisoners is 
fairly compensated./137

Education, equal to work, is regarded as 
fundamental for re-socialization. District 
penitentiaries and prisons have educational 
centers to conduct permanent education programs 
ranging from literacy to a higher level of 
education or penitentiary treatment./138

Educational activities use pedagogical methods 
specific to the penitentiary system. They teach 
and reaffirm respect for human values, public and 
social entities, and laws and rules of civil 
coexistence. They are intended to develop the 
moral sense of inmates (Article 94 Law 65 of 
1993).

9. Conditions

Prisoners in any prison center are entitled to 
communicate with the outside. The director of the 
center provides the schedule and modalities of 
communication with relatives, and may also 
authorize duly supervised telephone calls.

Subject to the applicable regulations, the 
Directorship of the Instituto Nacional 
Penitenciario y Carcelario grants permits to leave 
the establishment for up to 72 hours without 
supervision to sentenced persons who meet the 
following requirements: a) in the medium stage of 
security (includes semi-open period); b) fulfilled 
one-third of the penalty imposed; c) absence of 
requirements from other judicial authorities; d) 
no record of escapes or attempted escapes; e) 
fulfillment of 70% of the penalty imposed by penal 
judges from the specialized circuit; f) a record 
certified by the Council of Discipline of work, 
study, or teaching during imprisonment, as well as 
of good behavior.

The INPEC's regional director may grant leave 
permits with no supervision for 15 calendar days, 
without exceeding 60 days per year to sentenced 
persons whose benefit of conditional release has 
been denied. The following requirements must be 
fulfilled: a) good conduct in the prison according 
to certification issued to that effect by the 
relevant Council of Discipline, or by whoever 
might act as such; b) having served at least four-
fifths of the sentence; c) absence of judicial 
warrants;/139 d) no record of escapes or attempts; 
e) a record of work, study, or teaching during 
imprisonment./140

Prisoners may have daily visits by their counsels 
and twice per week visits by their relatives and 
friends within the schedules provided by each 
prison. Sentenced persons may play any sport; 
Nevertheless, most prisons only have micro-soccer, 
basketball, and volleyball courts./141 

10. Deductions

Sentenced persons are deducted 1 day of 
imprisonment for 2 days of study or work./142

Section XI: JUVENILE JUSTICE

1. Organization

Solely juvenile judges or family judges decide, 
any breaches to the penal law where minors between 
12 and 18 years might participate as authors or 
participants. The primary goal of the juvenile 
court is to help minors achieve the complete 
education and normal integration into their 
families and community. At present, juveniles are 
entitled to appeal decisions made by juvenile 
judges or family judges if these decisions impose 
penalties depriving them of freedom./143

With regard to minors less than 12 years old, 
Family Defenders (special judicial officials whose 
competence is limited to family matters) decide on 
any criminal violations where juveniles 
participate as authors or participants. Again, the 
purpose is to accord the children adequate 
protection as required and to achieve their full 
education. Family Defenders also decide on any 
violations by minors less than 18 years old, where 
they participate either as authors or 
participants./144 

There are two categories of institutions created 
for the rehabilitation of minors:
* open institutions -- those to which minors are 
transferred by the Colombian Institute of Family 
Welfare in order to achieve their rehabilitation. 
Such centers include --
  * Center of Youth Reorientation Luis Amig
  * Center of Reception Corporacin, Gente Nueva 
    Hogar de la Poesa
  * Centro Semillas de Amor, Hogares Claret
  * Centro San Diego, Christian Youth Association
  * Club Amigo del Norte.
* closed institutions -- those accepting minors 
transferred by the Courts     

Contrary to open institutions, these establishments 
require the minor to remain at the institution for 
as long as their rehabilitation requires 
  * Specialized Reception Center for Men 
  * Working School El Redentor
  * Hogar Femenino Luis Amig.

2. Jurisdiction

Minors, defined as persons less than 18 years old, 
are deemed unindictable. Indictability is 
understood as the capacity to know and understand 
the unlawfulness of one's conduct and to regulate 
oneself in accordance to such understanding./145 
Minors cannot be treated as adults. Therefore, 
minors are not given permanent criminal records 
until after they arrive at legal age. The 
foregoing does not prevent the concerned 
rehabilitation center from recording the admission 
of a minor. 

3. Relationship With The Adults Penal Justice

Data from the juvenile justice system are 
independent from that handled by the system of 
penal justice for adults. Minors are not given 
criminal records. This means when they arrive at 
legal age they have no prior record whatsoever in 
the system of justice for adults./146

Section XII: INDIGENOUS CRIMINAL JUSTICE SYSTEM

Colombia acknowledged itself as a multicultural 
and multi-racial nation in its 1991 Constitution. 
It accorded autonomy to the traditional 
authorities of Indian communities in order to 
administer justice within the scope of their 
territories./147 

Indian communities may autonomously and 
independently resolve any disputes arising in 
their communities, when applying former usages and 
customs, provided these are not contrary to the 
Constitution nor to the laws of the Republic. The 
Congress of the Republic was to enact a law 
providing the forms of coordination between the 
Indian jurisdiction and the national judicial 
system. To date such laws have not been enacted. 
Thus the Indian jurisdiction has been prevented 
from its due operation.

Indian jurisdiction, as well as the State 
jurisdiction, implies the following elements:
*notio
*indicium
*imperium. 

Notio is defined as the power to decide on matters 
which according to the rules of competence 
correspond to each judge. It implies power to 
summon the parties, collect evidence, make 
notifications, etc. Notio, in cases of Indian 
people, is limited by two factors: territorial and 
ethnic. In the territorial factor, the authorities 
of each Indian group can decide on crimes that 
occur within their village and the territory 
customarily occupied by their people. For the 
ethnic factor, implies the consideration of the 
individuals' ethnicity and the interests in 
question. If all individuals and interests in 
question be those of an Indian group and the facts 
occurred within the group's territory, then the 
competence is vested upon the authorities of the 
concerned Indian people. If the parties involved 
be an Indian and one non-Indian, the jurisdiction 
is subject to: a) whether or not the facts are 
ruled in both regulations; b) the degree of 
knowledge by the concerned individuals on the 
practices of the community where the facts took 
place.

Indicium is understood as the power to settle a 
given matter submitted to consideration of the 
judge. The attribution of indicium, that is to 
say, the power itself to settle a given case, is 
also limited. In all cases limits are represented 
by the fundamental constitutional rights. However, 
depending on the degree of assimilation or 
preservation, the limit rests on the intangible 
core of such rights or on the total guarantees 
accompanying each right.

Imperium consists of the power granted to 
Indigenous authorities to enforce any decisions 
made in a given case. Imperium is limited by 
rights to life and prohibition of torture, slavery 
and cruel, inhuman and degrading treatment.

Section XIII: TRANSNATIONAL INTERNATIONAL/JUSTICE 
AND CRIMES

1. Procedures

A. Extradition Treaties 

Extradition may be requested, granted or offered 
in accordance to public treaties and in their 
absence, in accordance to Law. The Political 
Constitution provides the following 
conditions:/148 
* Native-born Colombians can be extradited in case 
of crimes committed abroad and should the conduct 
on which the request for extradition is grounded 
are described as crime under the Colombian 
legislation.
* Extradition is not admissible for political 
crimes.
* Extradition is not admissible when it refers to 
crimes committed prior to the enactment of 
Legislative Act 01 of 1997; and 
* Extradition is not admissible if the person 
requested by the authorities from a foreign 
country is being processed or serving a penalty 
for the same criminal facts to which the request 
relates.

At present Colombia has extradition treaties with 
the following countries:

Treaty                    Approving law

Argentina                 46 of 1926
Belgium                   74 of 1913, 47 of 
                          1935 and 14 of 1961
Brazil                    85 of 1939
Costa Rica                19 of 1931
Cuba                      16 of 1932
Chile                     8 of 1928
El Salvador               64 of 1905
Spain                     35 of 1892
United States of America  66 of 1888 and 
                          8 of 1943
France                    Decree 12 of March, 1852
Great Britain             48 of 1988 and 
                          15 of 1930
Guatemala                 40 of 1930
Mexico                    30 of 1930
Panama                    57 of 1928
Nicaragua                 39 of 1930

B. Extraditions

In the past 5 years, 53 persons have been 
extradited to different countries, 30 of which are 
foreign citizens./149 

B. Prosecution of Foreigners

Colombian law allows for criminal trials in 
Colombia of foreign citizens who commit crimes 
abroad against other foreigners provided the 
following conditions are met:
a) The person must be found in the Colombian 
territory
b) The crime must be penalized in Colombia with a 
penalty of imprisonment which minimum is not less 
than 3 years
c) The crime shall not be a political crime
d) The Colombian government has refused 
extradition when requested. If extradition is not 
permitted, there is room for a criminal 
proceeding. 
If it refers to a Colombian citizen who committed 
a crime abroad, the legislature provided that 
he/she can be processed in Colombia, provided the 
person is found in the country and insofar as the 
penal law provides a penalty of imprisonment which 
minimum is of no less than 2 years and as long as 
the person has not been prosecuted abroad./150 

Trials Abroad

The Penal Code provides the lack of value as res 
judicata under the Colombian Law of rulings 
rendered abroad with respect to the following 
crimes: a crime committed on board of a national 
army vessel or aircraft located outside the 
national territory, a crime committed on board a 
national vessel or aircraft located off-shore 
whenever no criminal action has been instituted 
abroad and whenever the person committing the 
crime abroad serves the Colombian State and enjoys 
immunity acknowledged under the International Law. 
In other cases, the rulings rendered abroad have 
the force of res judicata in Colombia, provided no 
penal action is pending, nor existence of a 
definite ruling by the national courts on the same 
facts. 

D. Number of Foreign Prosecutions 

No data available.

E. Transfer of Foreign Prisoners/151

The transfer of foreign prisoners can be made in 
two ways: through implementation of effective 
international treaties and through the diplomatic 
mechanism of exchanging notes in absence of an 
extradition treaty.
To date, Colombia has executed six international 
treaties of repatriation, four of which have been 
ratified with the countries set forth below: 

Country                Ratification

Spain                  Law 148 of July 13, 1994
Ecuador                Operative Statute of 
                         July 29, 1994
Venezuela              Law 250 of December 29, 1995
Panama                 Law 291 of July 16, 1996
Cuba                   Ratification pending
Costa Rica             Ratification pending

F. Number of Prisoners Transferred

As of July 6, 2001, 284 Colombian citizens have 
been repatriated from 4 countries (table 20)./152,153 

On the other hand, 23 Spanish citizens have been 
repatriated from Colombia to Spain. To date there 
are no other requests for citizens from countries 
with effective repatriation treaties.

The mechanism of exchanging notes served to 
repatriate a Mexican citizen and a Polish citizen 
to their countries of origin in the year 2000.

G. Treaties of Mutual Legal Assistance

Country     Date of Execution   Matter

Argentina   April 3, 1997       Judicial 
                                 cooperation in  
                                 the prevention, 
                                 control and   
                                 repression of all 
                                 sort of crimes
Brazil      September 3, 1991   Judicial cooperation
                                 supplemental to 
                                 the bilateral  
                                 agreement of 
                                 reciprocal assistance 
                                 in the prevention, 
                                 control and repression 
                                 of unlawful use and 
                                 dealing with narcotics 
                                 and psychotropic 
                                 substances.
Costa Rica   March 3, 1992      Unlawful dealing with 
                                 narcotics and 
                                 psychotropic substances 
                                 and crimes related 
                                 thereto.
Cuba         December 20, 1991  Unlawful dealing with 
                                 narcotics and 
                                 psychotropic substances 
                                 and crimes related 
                                 thereto.
El Salvador  November 19, 1991  Unlawful dealing with 
                                 narcotics and psychotropic 
                                 substances and crimes  
                                 related thereto.
Ecuador      August 20, 1991    Unlawful dealing with 
                                 narcotics and                                        
                                 psychotropic substances 
                                 and crimes related 
                                 thereto.
Spain        September 19, 1991 Exchange of notes in 
                                 furtherance of the
                                 extradition agreement 
                                 dated July 23, 1892
                                 United States of America         
                                 February 25, 1991        
                                 Drug-dealing or related 
                                 crimes with respect 
                                 to persons subject to 
                                 justice and extradition 
France       May 15, 1991        Memorandum of Intent 
                                  concerning cooperation 
                                  in the fight against 
                                  unlawful dealing with 
                                  narcotics and 
                                  psychotropic 
                                  substances.
Great Britain  January 27, 1992  Unlawful dealing with 
                                  narcotics and 
                                  psychotropic substances 
                                  and crimes related 
                                  thereto.
Italy           March 11, 1993   Statement of intent 
                                  concerning judicial 
                                  assistance on penal 
                                  matters.
Paraguay       July 31, 1997     Prevention and repression 
                                  of laundering of assets
Peru           July 12, 1994     Agreement of judicial 
                                  cooperation in the 
                                  prevention, control 
                                  and repression of all 
                                  sort of crimes.
Venezuela      October 4, 1991   Unlawful dealing with 
                                  narcotics and 
                                  psychotropic substances 
                                  and crimes related 
                                  thereto.

2. Contacts to Apply Foreign Laws to the Colombian 
Justice 

A. Training

Fiscala General de la Nacin

     The officials of the Fiscala General de la 
Nacin are trained in different areas through 
international entities, such as --

Division of the Fiscala/
Area of training/
Country, international body providing the training 

Technical Body of Investigations/
Detection of white-collar crimes, investigation of 
homicides, practice of covered operations, 
acoustical analysis and voices identification and 
control of synthetical drugs/
Canada, United States of America, Spain, France, 
Japan and the Netherlands

National Special Unit of Anti-narcotics and 
Maritime Interdiction and Fiscala General de la 
Nacin/
Drug-control/
United Nations Program on International 
Fiscalization of Drugs (PNUFIT-ONU)

Fiscala General de la Nacin-Special Unit of 
Crimes against Copyrights and access to or illegal 
provision of Telecommunication Services/
National and international legislation on the 
matters/
World Organization for Intellectual Property 
(ONPI)

Fiscala-National Unit of Crimes Against Public 
Administration/
Market of securities, financial crimes, 
international banking, administrative contracting 
and budget/
Netherlands

Fiscala-Program of Protection and Assistance to 
Victims/
Social and humanitarian security and assistance/
Canadian Royal Mounted Police

Fiscala-National Unit for Extinction of Property 
Rights and against Laundering of Assets/
Data computerization and analysis/
United Kingdom

Fiscala General de la Nacin/
Information investigation and issues/
Ministry of Justice of France

Fiscala General de la Nacin/
Judicial Topics/
Casa Franco Andina del Derecho

Fiscala General de la Nacin/
Investigation and legal topics/
Interamerican Development Bank (IDB)

Source: Fiscala General de la Nacin, Publication 
"Report of Actions, years 1997 to 2001."

National Police

For the year 2001, the Colombian National Police 
relied on the following exchange programs 
regarding personnel training at the international 
level:

Country, countries/                
Training

United States of America/               
Courses addressed to the anti-narcotics staff. 
Training on tasks of police intelligence.

France/                            
Courses addressed to police staff in charge of the 
management and control of ports (Customs Police).

Great Britain/                     
Training to staff of customs police. Instruction 
to police JUNGLAS squads (special anti-narcotics 
squads)

Netherlands/                            
Courses addressed to police staff in charge of the 
management and control of ports (customs police)

Japan/                                  
Courses addressed to anti-narcotics staff

France and Spain/                       
Program addressed to community police. Training on 
integral security

Spain/                                  
Courses on criminology

Canada/                            
General courses on integral security. Community 
police.

Chile/                             
Training to carabineers/154

Brazil/                  
Training and education of transit policemen

Source: National Police of Colombia. Anti-
narcotics Department. Information furnished by 
Colonel Yadira Cediel, on June 12, 2001.
 
B. International Police Missions

Colombia participates in activities of 
international peace and security as a member of 
the United Nations Organization./155 

C. Policies of Regional Planning

The National Police has entered into the 
following agreements of international assistance 
and cooperation: 

Country/       
Content of the agreement/Date of execution

Argentina/          
Judicial assistance on criminal matters/April 3, 
1997

Brazil/        
Cooperation to prevent deviation of chemical by-
products and substances for the processing of 
narcotics/November 7, 1997/
Fight against aircrafts traffic engaged in 
unlawful activities/November 7, 1997

Chile/              
Mutual cooperation in the prevention of undue use 
and control to the unlawful dealing with 
narcotics/March 10, 1997

Ecuador/       
Prevention, control and repression of unlawful 
dealing with narcotic substances/November 10, 1998

United States of America/          
Control to heroin traffic/September 30, 1978

Great Britain/ 
Assistance and training on narcotic 
matters/September 16, 1998

Jamaica/       
Control to the unlawful dealing with 
narcotics/December 15, 1998

Peru/               
Cooperation in the prevention of consumption, 
rehabilitation and control to 
the unlawful dealing with narcotics/February 24, 
1998/
Prevention of terrorism/February 24, 1998

Russia/        
Fight against unlawful dealing with 
narcotics/November 26, 1997

Source: National Police. Directorship Anti-
narcotics. Bureau of International Links.

Under the framework of these agreements, the 
National Police updates its policies in the fight 
against drug-traffic and drug consumption, through 
periodical meetings with similar agencies of the 
countries that have executed such agreements. On 
the other hand, in 1991, Colombia executed and 
ratified the Convention of Vienna against unlawful 
traffic of narcotics and psychotropic substances; 
thus, allowing joint work with the remaining 169 
signatory countries in the exchange of non 
judicial information./156 

D. Delegations

Colombia has a number of officers 
representing it abroad, named diplomatic force, 
made-up of ambassadors, plenipotentiary ministers, 
business representatives and consuls.

From the above, consuls meet functions of a legal 
nature that can be summarized as follows: 
commercial representation, notaries when attesting 
certain legal acts such as contracts, testaments, 
marriages, birth records and legalization of 
documents, registrar of citizens residents or 
domiciled in his/her consular district, military 
rolling, issuance of passports, and supervision of 
the application of treaties with respect to 
Colombian citizens. 

E. Task Forces

Colombia has a number of effective 
international cooperation treaties regarding 
justice and penal support. The National Police of 
Colombia is a member of Interpol (International 
Police). It has permanent contact with different 
countries in order to fight against crime. 

However, Colombia does not have any task forces in 
which law enforcement agents from Colombia work 
together on the same team in conducting 
investigations of crimes or criminal groups. Even 
when it cooperates with other countries, such as 
the United States of America, in the fight against 
drugs, Colombia has not joined in any binational 
or multinational law enforcement task forces.

F. Issues of Transnational Crimes

The primary transnational crimes arising in 
Colombia are the following:
* drug-traffic (traffic, manufacture and/or 
possession of narcotics) -- 

The corrupting capacity of drug-traffic is 
grounded on the immense economic gains produced 
for criminal organizations, whose networks and 
contacts exceed the borderlines and overcome any 
controls separately fixed by the different 
countries. Between January 1999 and December 2000, 
the Fiscala General de la Nacin issued 19,443 
resolutions of indictment due to drug-dealing, 
manufacture and/or possession of narcotics./157 

Human couriers are used by narco-dealing 
organizations for both the domestic and 
international transport of narcotics by using 
persons of low economic income and education. At 
present 94% of the cases reported on human 
couriers involve people carrying cocaine, while 4% 
involve people carrying heroin, and 1% carrying 
marijuana.

In year 2000, 266 persons were arrested for drug-
related crimes. Of that number 75% were men, and 
25% were women./158  
* laundering of assets and properties of unlawful 
origin -- 

This criminal activity seeks three basic goals 
through the use of a number of methods: placement 
of properties as far as possible from any 
association with crime, eliminate any linkages to 
them and to make the proceeds available to the 
criminal. At present 238 investigations are being 
conducted for laundering of assets and related 
crimes (155 under preliminary inquest and 83 under 
instruction stage), and 246 arrest warrants been 
issued. There are also 177 arrested persons and 
243 indicted persons. Eighty-one of the 238 cases 
relate to transactions for more than $3,531 
trillion COP, equivalent to $1.53 billion USD./159
* copyright infringements --

The highest delinquency rate concerning copyright 
refers to copying and marketing of phonograms, 
software, literary works, and access to or illegal 
provision of telecommunication services. This, 
which is a transnational issue caused more than 
one of three software applications installed 
throughout the world to be illicit (piracy), and 
reflected in global losses for the amount of 12 
billion US dollars in the year 1999./160

In Colombia, 60% of business software used is 
illegal. This causes losses to the country of over 
$168 million USD./161
* traffic in persons --

In Latin America, Colombia is ranked third 
(following Brazil and the Dominican Republic) in 
the trafficking of persons abroad for the sexual 
industry, slave marriages, forced work and other 
proto-slavery usages. This trade is aimed to cover 
the broad demand of European and Asian networks 
with operation and recruiting points in Brazil, 
Surinam, Colombia, Dominican Republic, and the 
Antilles, plus distribution centers mainly in 
Spain, Greece, Germany, Belgium, Netherlands, and 
Japan./162
 
Section XIV: RESEARCH and INFORMATION RESOURCES 

1. Information

Government Agencies

Institution/       
Address/Phone Number/Contact

Ministry of Justice/   
Avenida Jimnez No. 8-89/286 02 11/Carolina Bayona 
(Advisor to the                                                          
Ministry of Justice on extradition matters)

Fiscala General de la Nacin/               
     
Diagonal 22 B No. 52-21/570 20 00/Gloria Ortega 
(Assistant to the 
Vice-Attorney)

National Police/              
Transversal 45 No. 40-11 /222 79 88/Captain Zulma 
Rodrguez (Department of Human Resources)

Ministry of Defense/          
Avenida El Dorado Can Cra. 52/311 01 11/Major 
Pedro Len Acosta Medina

Vice-Presidency of the Republic/             
Casa de Nario Carrera 8 No. 7-26/562 93 
00/Patricia Murcia (Legal Department)

Superior Council of the Judiciary/           
Calle 13 No. 7-46/243 10 39/Mara Cristina Ocampo 
de Herrn. (Director Unit of Development and 
Statistical Analysis). 

National Institute of Legal Medicine and Forensic 
Sciences/      
Calle 7 A No. 12-61/333 47 50/Luz Yaneth Forero 
Martnez

Defensora del Pueblo/        
Calle 55 No. 10-32/314 73 00/Laura Carrizosa 
(Officer National Directorship of Public Defense)

Judicial School Rodrigo Lara Bonilla/        
     
Carrera 10 No. 14-33 Piso 18 /243 06 47/Gladys 
Virginia Guevara Fuente (Director of the School)

Red de Solidaridad Social/    
Carrera 8 No. 7-26 /  /Patricia Luna (Director 
Department of Displaced)

Universities and private organizations

Institution                   
Address/Phone No./Contact

Corporacin Excelencia de la Justicia/       
     
Calle 94 A No. 13-59 Oficina 303/623 77 73/Lia 
Santiz. (Department of 
Publications and Researches)

Chamber of Commerce of Bogot/     
Carrera 9 No. 16-21/334 79 00/Martn Mendoza 
(Legal Department)

Universidad de Los Andes/     
Carrera 1 No. 18 A-10/284 99 11/Ana Mara Acosta 
(Library)

Universidad Externado de Colombia/ 
Calle 12 No. 1-17 Este/282 60 66/Antonio Milla 
(Department of 
Publications)

Pontificia Universidad Javeriana/       
Carrera 7 No. 40-62/320 83 20/Rafael Campo 
Vsquez. (Dean Faculty of 
Education).

Universidad Colegio Mayor de Nuestra Seora del 
Rosario/ 
Calle 14 No. 6-25/297 02 00/Mauricio Beltrn. 
(Department of 
International Law-Human Rights-Common Law)

Universidad Nacional de Colombia/  
Carrera 30 con Calle 45/316 50 00/Nohora 
Villamizar (Library)

Universidad Libre/  
Calle 8 No. 5-80/286 94 66/Isabel de Belalczar 
(Library)

Fundacin Centro de Investigacin y Educacin 
Popular (CINEP)/         
Carrera 5 No. 33 A-08/285 89 77/Edgar Cetina 
(Library)

Fundacin Pas Libre/         
Transversal 10 No. 101-07 Oficina 702/ /Luca 
Rodrguez Ramrez (Officer)

2. Publications

Publication/        
Entity/Date

Justicia de Paz en Colombia/  
Corporacin Excelencia de la Justicia/Quarterly 
Publication

Forensis Magazine   
National Institute of Legal Medicine and Forensic 
Sciences/Annual Publication 

Justicia y Desarrollo/        
Corporacin Excelencia de la Justicia/Quarterly 
Publication

Annual Report to the Congress Concerning Justice/
               
Superior Council of the Judiciary/Annual 
Publication

Indexes of Justice/           
Superior Council of the Judiciary/Annual 
Publication

Observatorio de la Seguridad/      
Chamber of Commerce of Bogot/Quarterly 
Publication

Noche y Niebla/        
Fundacin Centro de Investigacin y Educacin 
Popular (CINEP)/Quarterly Publication

Observatorio de los Derechos Humanos en Colombia/
          
Vice-Presidency of the Republic/Monthly 
Publication

Serie Criterios de Justicia/  
Corporacin Excelencia de la Justicia/Occasional 
Publication

Indexes of Justice/      
Chamber of Commerce of Bogot/Occasional 
Publication

Observatorio de los Derechos Humanos en Colombia
          
Vice-Presidency of the Republic/Monthly Bulletin

Professional Associations

Association/
Address/Telephone Number

Colombian Association of Solicitors/        
Calle 67 No. 6-11/212 45 30

Colombian Association of Officials in Retirement 
(ACORE)/ 
Calle 70 No. 4-24/345 05 11

Colombian Association of Policemen in Retirement/ 
          
Transversal 28 No. 35 A-77/244 65 38 

Colombian Association of Sub-Officials in 
Retirement from the Military Forces/    
Carrera 15 No. 27-35/285 15 13

Association of Solicitors of Universidad Nacional/
          
Calle 20 No. 7-17 Of. 502/334 28 81

National Association of Employees from the 
Judiciary Branch (Asonal Judicial)/
Carrera 29 No. 18-45/360 21 92

Bar of Solicitors from the Public Forces Reserve/
          
Carrera 7 No. 13-58 Of. 607/283 67 10

Bar of Solicitors of Bogot/                 
          
Carrera 4 No. 18-50 Of. 704/283 97 26

Bar of Penal Solicitors/                
          
Carrera 7 No. 12-25 6th Floor/284 95 86

Colegio de Abogados Rosaristas/              
          
Calle 14 No. 6-25 Of. 408/341 18 11

Section XV: PUBLIC OPINION AND SELF HELP AND 
VIGILANISM

1. Survey Findings

Universidad Javeriana conducted a survey on the 
feeling of civil security/insecurity and civil 
appraisal of the methods of the Community Police 
in Bogota./163 As indicated in the findings of 
this survey, the feeling of insecurity is high in 
the city (table 21).

Technical Chart: 
Contracting Entity: Fondo de Seguridad y 
Vigilancia
Researcher Entity: Universidad Javeriana.
Collection date: February, 2000.
Sampling methodology: random sample of 388 of the 
407 sectors covered by services by the Bogot 
Community Police.
Interview techniques: in person.
Sampling size: (1) 5,619 interviews done in 388 
out of 407 sectors covered by the Community 
Police. (2) 371 semi-structured surveys were also 
done.

The generalized perception of people with regard 
to justice is inefficiency. This is related to 
skepticism and loss of respect for its 
representatives. Additionally, high corruption is 
perceived in the judicial environment leading the 
citizens to consider that a private system of 
justice would be much more efficient. However, 
when people were asked about their trust in 
institutions such as political parties, the 
Congress (Legislature), and the Judiciary Branch, 
the last was more trusted than the others./164

Additional survey --

Technical Chart: 
Contracting Entity: Universidad Externado de 
Colombia
Surveyor Entity: Centro Nacional de Consultora.
Collection date: May-June, 1997.
Universes-Colombia: (1) Persons of legal age (2) 
Professors of primary and secondary schools in the 
country (3) National judges(4) national Policemen 
(5) Population in areas of violence. 
Sampling methodology: (1) Random stratified 
sampling of homes. (2) Random stratified sampling 
at schools. (3) Random sampling of National 
Courts. (4) Random sampling of Police Stations in 
the country (5) Random stratified sampling in 
regions of violence.
Interview method: in person.
Sampling size: (1) 2000 interviews of population. 
(2) 250 interviews of school professors (3) 250 
interviews of judges. (4) 250 interviews of police 
(5) 250 interviews in regions of violence.

2. Self-Help, Vigilantism and Private Security

Seven types of private security have been 
authorized in Colombia by the Superintendency of 
Private Surveillance (table 22).

In past years certain groups acting outside the 
legal framework have also arisen. These groups 
seek to protect given sectors of the population 
(particularly, major farmers and businessmen) 
against attacks and black-mail by guerrillas. They 
are mainly funded through illicit activities, such 
as dealing narcotics. 

There are no data concerning the number of cases 
where ordinary citizens take justice in their own 
hands. However, there was a survey of victims that 
showed the rate was high for respondents who 
lacked confidence in the criminal justice system 
and suggested that private justice has two 
origins:/165

Victims who were surveyed perceived justice as 
highly inefficient. This led to their skepticism 
and loss of respect for law and justice officials. 
The survey found that respondents believed 
corruption was widespread. It also showed that the 
percentage of victims who did nothing when facing 
crimes or disputes was rather high, as was the 
percentage who believed that private justice 
(understood as a person getting justice done 
through his/her own means) was more effective than 
the public justice system.

Of 2000 persons who were asked about the degree of 
mistrust towards Colombian judges, 28% said the 
judges were highly reliable while 25% responded 
that the judges were scarcely reliable. The 
remaining 47% responded that they did not trust 
judges at all. 

When the respondent was asked if they would resort 
to the public justice system in case of learning 
about a homicide, 55% responded negatively. 

Private justice was perceived as efficient in 
punishment of less serious offences. Among the 
2000 persons interviewed, 65% said they did not 
report less serious offences to the authorities, 
particularly those regarding minor thefts and 
personal injuries causing disabilities of less 
than 5 days. The reason given for not reporting to 
the authorities was their degree of mistrust and 
their belief that the pace at which criminal cases 
were processed was slow.

For all types of crime, 45% did not report their 
victimizations to the criminal justice system. The 
list of reasons mentioned are the following: 
* fear              
* fear of retaliation
* private solution is more effective
* passivity
* the case is deemed not to be serious
* inoperative justice
* complicated papering
* absence of authority
* authorities involved
* lack of evidence.

Frequencies and percentages for each reason were 
not available.

3. Citizens who have attacked the police or other 
justice personnel.

Fiscala General de la Nacin

Between January, 1996 and February, 2001, 98 
officers of the Fiscala General de la Nacin were 
murdered by persons engaged in subversive or para-
military organizations, and common delinquents. 
Also during the same period 36 officers of the 
Fiscala were kidnaped, of whom 8 were still 
missing./166

National Police

In year 2000, 285 members of the National Police 
were killed and 591 wounded in action, perpetrated 
by subversives, terrorists, and common criminals. 
There are no separate figures concerning attacks 
by independent citizens resulting from feelings of 
frustration, rage, resentment, inefficiency, etc. 
Statistics on the causes of death and wounds to 
personnel of the National Police were maintained 
within the institution (table 23 and 24)./167

Bibliography

Arenas, Antonio Vicente. (1967). Compendio de 
     Derecho Penal. Universidad Nacional de 
     Colombia, Bogot.
Bernal Cullar, Jaime. (1995), El Proceso Penal. 
     Universidad Externado de Colombia. Bogot.
Penal Procedure Code. (2001), Editorial Legis. 
     Bogot.
Code of Minors. (2000), Editorial Leyer. Bogot.
Sole Disciplinary Code. (1999). National Printer 
     of Colombia. Bogot.
Penal Code. (2001) Editorial Legis. Bogot.
Superior Council of the Judiciary. (1999-2000). 
     Report to the Congress. Judiciary Branch of 
     Public Power, Bogot.
1991 Political Constitution. (2001), Editorial 
     Legis. Bogot, 2001.
Coronado Pinto, Gustavo.(2000), Cdigo Nacional de 
     Polica Comentado. Edicin Jurdica Radar. Bogot.
Cullar, Mara Mercedes. (2000), Colombia un 
     Proyecto Inconcluso, Universidad 
     Externado de Colombia. Bogot.
Diccionario Jurdico Espasa. (1991), Editorial 
     Espasa Caipe S.A, Madrid.
Espitia Garzn Fabio. (1997), Derecho Procesal 
     Penal. Oxford University Press, Bogot. 
Fiscala General de la Nacin. (2000) Manual de 
     Unidades Especiales, Bogot. 
Fiscala General de la Nacin. (1997-2001), 
     Reporte de Gestin. Bogot.
Fiscala General de la Nacin. (2000) Cartilla de 
     Contol Interno. Bureau of Internal Audit, Bogot.
Fiscala General de la Nacin. (2000) Manual de 
     Justicia, Bogot.
Fiscala General de la Nacin. (2000) Sentidos y 
     Contenidos del Sistema Penal en la Globalizacin, 
     Bogot.
Luque, Pedro, (2000), Percepciones y Expectativas 
     Ciudadanas sobre Polica Comunitaria en Santaf 
     de Bogot. Institute of Human Development. 
     Faculty of Education. Universidad Javeriana. 
     Fondo de Vigilancia y Seguridad de Santaf 
     de Bogot.
Martinez Rav, Gilberto. (1997) Procedimiento 
     Penal Colombiano. Editorial Temis S.A. 
     Tenth Edition. Bogot.
Ministry of Justice and Law. (1998), Alternative 
     Methods of Resolution of Disputes. Bogot.
Molano Lpez, Mario Roberto. (1992), La Fiscala 
     General de la Nacin en la Constitucin. 
     Editorial Temis S.A. Bogot.
Monroy Cabra, Marco Gerardo. (1999), Derecho 
     Internacional Pblico. Editorial Temis. Bogot. 
Pabn Parra, Pedro Alfonso. (1998), Manual de 
     Derecho Penal. Partes General y Especial. 
     Fourth Edition. Grupo Editorial Leyer. Bogot.
Prez, Luis Carlos. (1981). Derecho Penal. Partes 
     General y Especial. Editorial Temis, Bogot.
Quiroz Monsalvo, Arnoldo. (1998), Esbozo Histrico 
     del Derecho Colombiano, Editorial Leyer. Bogot. 
Disciplinary Regime of the National Police. 
     (2001), Ministry of Justice and Law, Bogot.
Republic of Colombia, Decree 2790 of 2000.
Republic of Colombia, Law Decree 1856 of 1989.
Republic of Colombia, Law Decree 261 of 2000.
Republic of Colombia, Law 23 of 1991.
Republic of Colombia, Law 270 of 1996.
Revista Criminalidad. (2000) National Police. 
     Issue Number 43. Bogot.
Revista Huellas. (2000), Fiscala General de la 
     Nacin. Issue Number 4.
Reyes Echanda Alfonso. (1998) Derecho Penal. 
     Editorial Temis S.A, Bogot.
Rodrguez, Libardo. (1996), Derecho Administrativo 
     General y Colombiano, Editorial Temis. Ninth 
     Edition. Bogot.
Snchez Botero Esther, Jaramillo Sierra Isabel 
     Cristina. (2000), La jurisdiccin especial 
     indgena. Procuradura General de la Nacin. 
     Institute of Studies of the Public Ministry, 
     Bogot.
Velsquez Velsquez Fernando. (1997), Derecho 
     Penal. Parte General. Third Edicin. Editorial 
     Temis S.A., Bogot.

Verbal Sources

Contact/Entity/Phone Number/E-Mail

Carlos Avellaneda/
  Fiscala General de la Nacin/570 20 00 Ext. 1014
Luisa Bechara/
  Fiscala General de la Nacin/570 20 00
Mara Cristina Ocampo Herrn/
  Superior Council of the Judiciary (Department of 
  Statistics)/243 10 39
Luz Stella de Moreno/
  United Nations Organization (Library)/257 60 44
Esperanza Ortega/
  Superior Council of the Judiciary (Library)/
  243 10 39
Luz Marina Velosa/
  Superior Council of the Judiciary (Department of 
  Statistics)/243 10 39
Lieutenant Cecilia Gamboa/
  Instituto Nacional Penitenciario y Carcelario 
  (Director Department of Profesional Risks)/
  340 43 12, 340 42 90
Assistant-Intendent Juan Carlos Flores/  
  National Police (Escuela de Cadetes General 
  Santander)/310 82 88 
Luz Anglica Meja/  
  Colombian Institute of Family Welfare (Department 
  of Social Work)/201 86 66
Lia Santiz/    
  Corporacin Excelencia de la Justicia/623 77 73
  Lieutenant Colonel Gloria Ins Ospina Bonilla/    
  National Police (Community Police)/222 79 88, 315 
  94 00
Javier Valencia/    
  National Police (Internal Control)/315 94 31, 315 
  94 00
Capitn Zulma Rodrguez/  
  National Police (Human Resources)/315 94 31, 315 
  94 00 Ext. 9352
Daniel Paiba/ 
  Judicial Police (Department of Finger-prints)/233 
  03 23
Leidy Esmeralda Herrera Jara/ 
  National Police (Escuela de Cadetes General 
  Santander)/711 13 11
Captain Oscar Garca/  
  National Police (General Secretariat )/315 93 07, 
  315 94 00
Lieutenant Colonel Fabio Florez/ 
  National Police (Department of Systems)/315 92 32, 
  315 94 00
Gustavo Mahecha/    
  National Police (Department of 
  Telecommunications)/ 315 91 64, 315 94 00
Lieutenant Plinio Saldaa/    
  Instituto Nacional Penitenciario y Carcelario 
  (Coordination Area of Security)/234 74 74 Ext. 154
Roco Guzmn/  
  Instituto Nacional Penitenciario y Carcelario 
  (Penitentiary School at Funza)/340 43 12
Haidy Duque/   
  Consultant Human Rights and Displacement/ /e-mail, 
  codhes@colnodo.apc.org
Colonel Yadira Cediel/        
  National Police-Department of International 
  Relations/428 06 56, 315 94 00
Ayda Yenny Quiceno/ 
  Center of Information on Criminal Activities 
  (CISAD)/570 20 00
Isabel Caicedo/     
  Ministry of Justice and Law (Legal 
  Department/Office of Repatriations)/
  596 05 00, 599 79 52
Laura Carrizosa/    
  Defensora del Pueblo (National Directorship of 
  Public Defense)/314 73 00 Ext. 2406
Carlos Duarte Pulido/    
  Ministry of Justice and Law (Legal Department)/314 
  73 00 
Major Joaquin Buitrago/
  National Police (International Relations)/315 94 
  00
Alejandro Reina/    
  Polica Nacional (Department of Community 
  Programs)/315 94 00
     
NOTES

1\ 1991 Political Constitution, Article 1.
2\ Rodrguez Libardo, Derecho Administrativo 
General y Colombiano, Editorial Temis, IX Edition, 
1996.
3\ Quiroz Monsalvo Arnoldo, Esbozo Histrico del 
Derecho Colombiano, Editorial Leyer, Bogot, 1998. 
4\ Reyes Echandia Alfonso, Derecho Penal, 
Editorial Temis S.A., Bogot, 1998.
5\ 1980 Penal Code provided the so called 
tentativa acabada, whereby the agent starts to 
commit the punishable act, but fails to complete 
it due to reasons other than his/her will. On the 
contrary, the 1936 Penal Code, included the figure 
of desisted or impracticable attempt (tentative).
6\ This penal measure punishes any person who 
during armed conflicts might forcibly conscript an 
individual who is protected under humanitarian 
penal law into the armed forces of the opponent. 
7\ This penal measure punishes any person who 
during armed conflicts, might despoil the arms or 
personal effects of a corpse, or a person 
protected under international humanitarian rights.
8\ Bernal Cullar Jaime, El Proceso Penal, 
Universidad Externado de Colombia, Bogot, 1995.
9\ 1991 Political Constitution, Articles 250, 
235(3), 174, 175 and 235(2).
10\ 1991 Political Constitution, Articles 250 and 
252.
11\ It is crucial to clarify that as provided in 
Article 89 of Law 270 of 1996, the territorial 
units in which the country is divided for the 
purposes of legal administration are: districts, 
circuits and municipalities. Judicial districts 
are made-up by one or more circuits. On their 
part, judicial circuits are made-up by one or more 
municipalities pertaining to one or more 
provinces. At present Colombia has 31 judicial 
districts, located in: Armenia, Barranquilla, 
Bucaramanga, Buga, Cali, Cartagena, Ccuta, 
Cundinamarca, Florencia, Ibagu Manizales, 
Medelln, Montera, Neiva, Pamplona, Pasto, 
Pereira, Popayn, Quibdo, Rioacha, San Gil, Santa 
Marta, Santa Rosa de Viterbo, Santaf de Bogot, 
Sincelejo, Tunja, Valledupar, Villavicencio, 
Yopal. 
12\ Conversions from Colombian pesos to US dollars 
were made at the rate of $2,305 COP per $1 USD, 
equivalent to the market representative exchange 
rate provided by the Central Bank on June 11, 
2001. 
13\ Penal Code, Article 18.
14\ Law 23 of 1991, Article 1.
15 It means the action by a given person, aimed to 
remedy the damage caused thereto, without 
previously resorting to the competent judicial 
authorities.
16\ Law Decree 100 of 1980 (current Penal Code).
17\ Penal Code, Article 34.
18\ Law Decree 2737 of 1989 (Code of Minors).
19\ Law 30 de 1986 (National Statute of 
Narcotics).
20\ Law Decree 1856 of 1989.
21\ Data computed on the basis that the Colombian 
current population is 43,070,704 inhabitants, as 
reported by the National Department of Statistics 
(DANE) on May 20, 2001.
22\ Revista Criminalidad, National Police Year 
2000. Issue Number 43.
23\ The crimes corresponding to each penal type 
are as mentioned in 1 of this Section.
24\ Revista Criminalidad, National Police Year 
2000. Issue Number 43.
25\ It means the activity whereby the entry or 
departure from the country, of either women or 
minors, is promoted so that they shall practice 
prostitution.
26\ According to the Code of Minors, "child abuse" 
means: a) physical aggression, b) sexual 
molestation and violence, c) negligence as to 
heath, alimonies and protection, psychological 
violence, and d) physical and emotional 
abandonment. 
27\ These statistics are the result of the working 
team coordinated by Fonde Libertad with 
participation of the Anti-kidnaping Squads 
(Gaulas) of the Military Forces, the 
Administrative Department of Security (D.A.S.), 
the Fiscala General de la Nacin, Pas Libre, 
National Center of Data, Directorship of Anti-
kidnaping and Extortion of the National Police, 
Directorship of Judicial Police and Directorship 
of Intelligence of the National Police. 
28\ Report presented to the Congress of the 
Republic by the Superior Council of the Judiciary 
concerning the Sistema Judicial in the period 
between January 1, 1999 through December 31, 2000.
29\ Martnez Rave Gilberto. Procedimiento Penal 
Colombiano. Editorial Temis S.A., Tenth Edition., 
Bogot. 1997.
30\ Please note the differences in language 
usages. In English the word, "arrest" refers to 
the the physical detention of a given person in 
order to engage her/him to the criminal 
proceedings conducted against him/her. In 
contrast, the Colombian Penal Code uses the word, 
"arrest," to refer to the penalty itself, whereby 
a person who had committed a crime is deprived 
from his/her freedom. For the English concept of 
"arrest" Colombian law substitutes the word, 
"capture." 
31\ Decree 1355 of 1970 (National Police Code), 
Article 56.
32\ 1991 Political Constitution, Article 28.
33\ Penal Procedure Code, Article 250.
34\ Penal Procedure Code, Article 415.
35\ Penal Procedure Code, Article 397.
36\ 1991 Political Constitution, Article 28.
37\ 1991 Political Constitution, Article 29.
38\ 1991 Political Constitution, Article 30.
39\ 1991 Political Constitution, Article 31.
40\ 1991 Political Constitution, Article 32.
41\ 1991 Political Constitution, Article 33.
42\ 1991 Political Constitution, Article 34.
43\ Penal Procedure Code, Article 377.
44\ The person captured shall remain at a place 
allowing access to visits by his/her counsel and 
family members.
45\ Penal Procedure Code, Article 408.
46\ Subsequently, under the section system of 
penal justice, we shall develop in further detail 
the structure of institutions offering programs of 
rehabilitation for delinquent minors.
47\ Pursuant to statistic data furnished by Lia 
Santiz, officer of Corporacin Excelencia de la 
Justicia, on June 15, 2001.
48\ Each of the reasons have particular 
differentiating features, to wit:
1. The non occurrence of the crime: admissible 
after proving that the factual assumptions that 
gave rise to the denouncement did not actually 
occur. For example, a report to the authorities 
that a certain person died, and the proof that the 
person is still alive after conducting the due 
investigation.
2. When there is proof that the accused did not 
commit the crime: This occurs whenever there is 
sufficient evidence proving that the accused did 
not commit the crime of which he/she is accused. 
For example, an accusation that someone committed 
homicide in the city of Bogot on March 5, 2001, 
when the investigation confirms that he/she was in 
a city other than Bogot on that date.
3. When the behavior is not a punishable crime. 
For example, the denouncement against someone for 
his/her walking in the streets wearing a bathing-
suit, when such behavior in fact is not subject to 
a penalty.
4. After proving the existence of an event of 
justification, inculpability or inadmissibility. 
In that regard it is to be noted that an unlawful 
behavior is justified when committed: a. In the 
strict compliance of a legal duty. b. In 
furtherance of a legitimate warrant from a 
competent authority issued in compliance with all 
legal formalities. c. In the legitimate exercise 
of a given right, of a lawful activity or of a 
public office. d. In view of the need to defend 
one's or another's right against an unjust actual 
or threatening aggression, provided the defense is 
proportional to the aggression. On the other hand, 
the following are events of inculpability, thus, 
the person involved is deemed not guilty: a. 
Incurrence in an unlawful conduct by reason of 
force majeure or Act of God. b. Acting under 
another's constraint. c. Incurrence in the crime 
under the erroneous conviction of being covered 
under an event of justification. d. Acting under 
the erroneous and irresistible conviction that 
such acting or failure to act does not entail one 
or more of the necessary requirements for the fact 
to be framed under the legal description thereof. 
5. When there is a full compensation of the crime, 
if applicable. All transgressions set out in  1, 
of Section II (CRIME) can be compensated. In those 
cases the court, supported by experts, shall 
assess the amount of money necessary to compensate 
the damages. An agreement can be reached between 
the victim and the offender. Whenever the victim 
is fully compensated, the criminal case shall be 
concluded. 
49\ Martinez Rav Gilberto, Procedimiento Penal 
Colombiano, Editorial Temis S.A, Bogot, X Ed. 
1.997.
50\ If the accused admits the charges against 
him/her and the evidentiary assumptions to ground 
a condemnatory sentence are proven, the Public 
Prosecutor may consent to the advanced ruling. 
There are two material requisites to terminate the 
proceedings based on an advanced ruling: 1. Full 
admission of the acts by means of full or partial 
confession. 2. Full evidence to condemn the 
accused. (Article 247 Penal Procedure Code). 
51\ Penal Procedure Code, Article 369 A, 
supplemented by Article 44 of Law 81 of 1993.
52\ The co-operation must be effectual. Thus the 
information disclosed by the candidate to the 
benefit must lead to full identification of the 
organization and to certainty of the direct link 
between such disclosure and the actual 
dismemberment or reduction thereof. The latter 
understood as a criminal enterprise which 
operation is no longer effective or became 
defective.
53\ It is understood that the consequences from 
crime decrease when the crime is voluntarily 
compensated to the victims or to the community; 
delivery to the authorities of elements proper to 
the commission of crimes, or of properties or 
goods arising from their performance; timely 
notice to the authorities decreases the number of 
damaged parties or the extension of damages that 
would have been caused by scheduled or on-progress 
crimes, or prevention of their completion through 
the same means is also achieved; identification of 
members of criminal organizations becomes easy as 
well as their apprehension; evidence is furnished 
with regard to properties arising from organized 
crime or serving for its financing; or actual 
cooperation with the authorities in the rescue of 
kidnaped persons is achieved. 
54\ Delatio refers to effective information 
provided by the accused to the authorities in 
order to capture delinquents or criminal 
organizations. 
55\ Penal Procedure Code, Article 369C, 
supplemented by Article 46 of Law 81 of 1993.
56\ Penal Procedure Code, Article 369D, 
supplemented by Article 47 of Law 81 of 1993.
57\ In this event the judge suspends the 
compliance of the penalty for an interim term of 2 
to 5 years. The award of a sentence of conditional 
release implies the following obligations: 1. 
Report of every change of residence. 2. Practice 
of a licit job, profession, or occupation. 3. 
Remedy of damages caused by the crime. 4. No 
consumption of alcoholic beverages. 5. Submission 
to surveillance by the authorities or periodical 
appearance before the same. 6. Good conduct.
58\ Penal Procedure Code, Article 369E, 
supplemented by Article 48 of Law 81 of 1993.
59\ One person's unlawful conduct may cause 
damages other than criminal damages. These are 
civil damages and more specifically, monetary 
damages. The civil party seeks the restoration of 
his/her right. For example, someone may run over a 
person with his/her car, and then damage a house 
(monetary damages). In this event the persons 
whose home was damaged can become a party in the 
criminal proceedings in order to obtain the remedy 
for the economic damage.
60\ Penal Procedure Code, Article 451.
61\ There are some cases where law deems testimony 
inefficient. Such inefficiency is based on 
presumed interest of the witness in the 
proceedings, on family relationships, on serious 
enmity or close friendship; on economic dependence 
of the witness with respect to either of the 
parties. For example, a suspicious witness is a 
witness called by the accused who is his/her 
relative or employee. The reason to consider the 
witness suspicious is that most likely his/her 
testimony shall be rather subjective given the 
affective and/or economic links with the accused.
62\ According to Article 73 of the Penal Procedure 
Code, municipal penal judges decide on the 
following cases: 1. Crimes against economic 
patrimony which does not exceed the amount of 50 
minimum legal salaries ($5,450 USD). 2. Crimes 
requiring querella and 3. Personal injuries. 
63\ Decisions by Colombian judges on criminal 
matters must contain the following in accordance 
to Article 180 of the Penal Procedure Code: 1. A 
summary of the facts investigated. 2. The identity 
or individualization of the accused. 3. A summary 
of the indictment and allegations presented by the 
parties. 4. The analysis of allegations and the 
legal assessment of the evidences on which the 
decision is to be grounded. 5. The legal 
qualification of the facts and the legal status of 
the accused. 6. The legal grounds regarding 
damages indemnification. 7. The award to principal 
and ancillary penalties, as appropriate. 8. The 
award to compensate damages, as the case may be. 
Despite the above order to render judicial 
decisions, the judge is empowered to defer the 
proceedings until the time of acquittal or 
conviction of the accused.
64\ Penal Procedure Code, Article 180.
65\ Penal Procedure Code, Article 456.
66\ Penal Procedure Code, Article 264.
67\ Diccionario Jurdico Espasa, Editorial Espasa 
Caipe S.A, Madrid, 1991.
68\Penal Code, Articles 41 and 42.
69\ Prevarication can be active, for omission or 
for illegal counseling. Any public servant issuing 
a resolution or opinion manifestly contrary to law 
incurs in active prevarication. Any public servant 
failing, delaying, refusing or denying an act 
proper of his/her functions, incurs in 
prevarication for omission.
70\ 1991 Political Constitution, Article 11.
71\ Statistics furnished by the Department of 
Statistics of the Superior Council of the 
Judiciary.
72\ Penal Procedure Code, Article 196.
73\ The so called "Juez de Ejecucin de Penas" 
(Judge of Penalty Enforcement) is in charge of 
supervising the compliance of the sentence imposed 
by the judge who conducted the penal proceedings.
74\ Not all sentenced persons can be afforded with 
conditional release. Such benefit only applies to 
those condemned to arrest of over 3 years or 
imprisonment exceeding 2 years, after compliance 
of at least two-thirds of the penalty and provided 
their personality, behavior at the prison 
institution and records of every sort allow to 
reasonably assume his/her social re-adaptation.
75\ Criminal records reflect the offences 
committed by any person of legal age throughout 
his/her life. In fact, all crimes committed by 
persons of legal age are recorded on the files of 
the Administrative Department of Security (D.A.S).
76\ Supreme Court of Justice. Chamber of Penal 
Cassation. Ruling of January 27, 1999. Magistrate: 
Anbal Gmez Gallego. 
77\ Fiscala General de la Nacin. Center of 
Information on Criminal Activities (CISAD).
78\ The Colombian Political Constitution provides 
that the National Police makes part of the State 
Public Forces. The civil nature of the Police 
refers to its primary function of preserving the 
necessary conditions to exercise all rights and 
freedoms proper of the civil population, thus 
pursuing peaceful coexistence. 
79\ Decree 2790 of 2000 (National Budget).
80\ National Police, Department of Human 
Resources. Information furnished by captain Zulma 
Rodrguez, on May 18, 2001. 
81\ Data computed on the basis that the Colombian 
current population is 43,070,704 inhabitants, as 
informed by the National Department of Statistics 
(DANE) on May 20, 2001. 
82\ The officials who make part of the body of 
surveillance are responsible for the conduction of 
in-field activities, both urban and rural, aimed 
to maintain the necessary conditions for the 
exercise of public rights and freedoms securing 
civil peace.
83\ Studies in this institution are of higher 
education.
84\ Cullar Mara Mercedes. Colombia: Un Proyecto 
Inconcluso. Volume II. Universidad Externado de 
Colombia, Bogot, 2000.
85\ Penalties consisting of the exclusion of the 
person from the National Police.
86\ National Police de Colombia. Office of 
Internal Control. Information furnished by the 
officer Javier Valencia, on May 16, 2001.
87\ Political Constitution, Article 216.
88\ Magazine of the National Police of Colombia. 
National Police, Bogot. October to December of 
1991, Bogot.
89\ Escuela de Polica General Santander. 
Information furnished on May 23, 2001 by 
Assistant-Intendent Juan Carlos Florez, Director 
of the Department of Vehicles.
90\ National Police of Colombia. General 
Secretariat. Information furnished by captain 
Oscar Garca, on May 18, 2001. 
91\ National Police of Colombia. General 
Secretariat. The data have been updated to May 18, 
2001. 
92\ Revista Criminalidad, National Police of 
Colombia, Issue Number 241, Bogot, October to 
December, 1999. 
93\ One of the activities preferred by 
delinquents, particularly narco-dealers, is the 
acquisition of properties (vehicles, aircrafts, 
apartments, real estate, communication equipments) 
in order to hide the moneys unlawfully earned. In 
order to follow delinquents and criminal 
organizations, the National Police relies on the 
"SIBIAU" system which allows direct access to the 
information related to owners, holders and the 
antecedents of properties which such organizations 
accustom to acquire.
94\ Revista Criminalidad, National Police of 
Colombia, Issue Number 43, Bogot, 2000. 
95\ Law Decree 161 of 2000, Article 1.
96\ Ascribed entity shall mean any entity which is 
administratively dependent from other, although 
having economic autonomy. The National Institute 
of Legal Medicine and Forensic Sciences 
administratively depends from the Fiscala 
although it has its own budget. Therefore, the 
Nation allocates a specific amount of money 
thereto, other than the one allocated to the 
Fiscala.
97\ Decree 2790 of 2000, whereby the annual budget 
of the Nation was adopted for fiscal year 2001.
98\ Political Constitution, Article 249.
99\ Law 270 of 1996, Article 176.
100\ 1991 Political Constitution, Articles 174, 
175 and 178.
101\ Law 270 of 1996, Article 112 and Decree 2699 
of 1991.
102\ 1991 Political Constitution, Article 256,  
3; Law Decree 2699 of 1991.
103\ Law 270 of 1996, Article 115.
104\ Out of the 72 investigations currently 
conducted against judges, prosecutors and 
magistrates, 50% (36) refer to undue delays in the 
processing of cases. At present, none of the 72 
investigations have been decided; and there is no 
data available as to investigations conducted in 
previous years. 
105\ Revista Huellas. Fiscala General de la 
Nacin. Bogot. October 2000, Issue Number 34. 
Please note that according to information provided 
by an officer of the Procuradura General de la 
Nacin, who requested his/her name to be kept in 
reserve, out of 124 pending criminal accusations, 
30 relate to officers who received bribes from 
persons involved in criminal cases, seeking to be 
favored throughout the corresponding proceedings. 
106\ Penal Procedure Code, Article 121, amended by 
Article 17 of Law 81 of 1993.
107\ 1991 Political Constitution, Article 235.
108\ Penal Procedure Code, Article 121 A, 
supplemented by Article 18 of Law 81 of 1993.
109\ Penal Procedure Code, Article 123.
110\ Penal Procedure Code, Article 125, amended by 
Article 19 of Law 81 of 1993.
111\ Penal Procedure Code, Article 127.
112\ Penal Procedure Code, Article 127
113\ Report of Activities, Fiscala General de la 
Nacin. 1997-2001.
114\ Superior Council of the Judiciary. National 
Registry of Solicitors. 
115\ Defensora del Pueblo, National Directorship 
of Public Defense. Information furnished by its 
officer Paula Carrizosa on July 5, 2001. 
116\ Decree 2790 of 2000, whereby the annual 
budget of the Nation is adopted for fiscal year 
2001.
117\ Defensora del Pueblo, National Directorship 
of Public Defense. Information furnished by its 
officer Paula Carrizosa on July 5, 2001. 
118\ Decree 2790 of 2000.
119\ Superior Council of the Judiciary. Department 
of Statistics. Information furnished by its 
Director, Mara Cristina Ocampo de Herrn, on June 
20, 2001.
120\ Law 270 of 1996, Article 156 and those that 
follow.
121\ Law 270 of 1996, Article 164.
122\ Statutory Law of Justice Administration, 
Article 176.
123\ Report to the Congress by the Superior 
Council of the Judiciary concerning the Judiciary 
Branch 1999-2000. 
124\ Decree 2740 of 2000, where salaries for penal 
judges are provided for 2001.
125\ Report to the Congress by the Superior 
Council of the Judiciary concerning the Judiciary 
Branch 1999-2000.
126\ Law 65 of 1993, Article 20.
127\ Resolution 3037 of August 29, 2000, issued by 
Instituto Nacional Penitenciario y Carcelario 
(INPEC)
128\ National Penitentiaries of high security are 
located in the cities of Valledupar, Itag and 
Palmira. The Central Penitentiary named "La 
Picota" located in Bogot, has a high-security 
pavilion. The High-Security Prison of the Judicial 
District named "La Modelo," is located in Bogot.
129\ Colombian Institute of Family Welfare. 
Department of Work Social. Information furnished 
by Family Defender Luz Anglica Meja, on June 28, 
2001. The number of institutions herein listed 
solely refer to the city of Bogot.
130\ Decree 2790 of 2000, whereby the annual 
budget of the Nation is adopted for fiscal year 
2001. 
131\ The equivalence herein mentioned is made 
based on the total prisoners found in the 
country's prison institutions, which amount to 
53,156 as of May 16, 2001, pursuant to information 
furnished by the Coordinator of the Area of 
Security of Instituto Nacional Penitenciario y 
Carcelario, Lieutenant Plinio Saldaa.
132\ Instituto Nacional Penitenciario y 
Carcelario. Information furnished by the 
Coordinator of the Area of Security, Lieutenant 
Plinio Saldaa, on May 16, 2001. 
133\ Instituto Nacional Penitenciario y 
Carcelario, Penitentiary School at Funza. 
134\ Instituto Nacional Penitenciario y 
Carcelario, Payroll Department. The salaries 
quoted are in effect throughout FY 2001.
135\ Law 65 of 1993, Article 79.
136\ Law 65 of 1993, Article 83
137\ Law 65 of 1993, Article 66
138\ District prisons rely on educative timetables 
aimed to cover the particular needs of each 
prisoner. For example, in case of illiteracy, 
programs are offered to teach such skills. If the 
prisoner has manual skills, he/she is provided 
with workshops to develop the same. Finally, if 
the prisoner's education level ranks medium or 
high, there are programs allowing to reinforce 
his/her education and, as the case may be, too 
enter into a professional career in the future.
139\ Means the absence of admonishments by 
judicial authorities against the prisoner during 
the time while he/she has remained at the prison 
establishment.
140\ Law 65 of 1993, Article 147 A.
141\ Instituto Nacional Penitenciario y 
Carcelario. Information furnished by the 
Coordinator of the Area of Security, Lieutenant 
Plinio Saldaa, on July 2, 2001. 
142\ Penal Procedure Code, Article 530.
143\ Code of Minors, Article 167.
144\ Code of Minors, Article 169. 
145\ Penal Code, Article 34.
146\ Judiciary Branch of Public Power. 20th Family 
Court, information furnished by the Judge Martha 
Patricia Guzmn lvarez, on July 9, 2001. 
147\ 1991 Political Constitution, Article 246.
148\ 1991 Political Constitution, Article 35.
149\ Ministry of Justice and Law. Department of 
Extraditions. Information furnished by the counsel 
Carlos Duarte Pulido, on June 6, 2001.
150\ Penal Code. Article 115.
151\ Ministry of Justice and Law. Department of 
Repatriations. Information furnished by its 
Director, Isabel Caicedo, on June 29, 2001.
152\ Ministry of Justice and Law. Legal 
Department. Bureau of Repatriations. Information 
furnished by Isabel Caicedo, on July 6, 2001. 
153\ At present there are 23 approved applications 
for Colombian citizens. However, these have not 
been completed due to the expenses involved.
154\ Mounted policemen. Their duties are as 
provided in Law 62 of 1993 for Rural Police. That 
is to say, the strengthening of rural 
surveillance; conduction of programs of 
environmental protection and preservation of 
public ornamentations, and drafting of diagnosis 
on the problems of delinquency and transgressions 
in the rural sector.
155\ United Nations Organization. General Library. 
Information furnished by the officer Luz Stella 
Moreno, on May 16, 2001.
156\ National Police. Department of International 
Relations. Information furnished in the interview 
held on July 12, 2000 with the Director of the 
Department, Mayor Joaqun Buitrago.
157\ Report of Activities 1997-2001. Fiscala 
General de la Nacin.
158\ Revista Criminalidad, National Police Year 
2000. Issue Number 43.
159\ Report of Activities 1997-2001. Fiscala 
General de la Nacin.
160\ Research conducted by Business Software 
Alliance and Software and Information Industry 
Association.
161\ La Repblica, February, 2000.
162\ Revista Criminalidad, National Police, 2000. 
Issue Number 43.
163\ Community Police (Polica Comunitaria) is a 
non-uniformed, non-armed body of persons who 
voluntarily cooperate with the National Police in 
the prevention of crimes. Their tasks of 
surveillance and control are subject to the 
instruction, direction, control and evaluation by 
the National Police's Bureau of Civil 
Participation. Within the National Police, the 
Community Police is directed by an assistant 
director of civil participation, as provided in 
Decree 2203 of November 2,1993.
164\ Cullar Mara Mercedes. Colombia: Un Proyecto 
Inconcluso. Volume II. Universidad Externado de 
Colombia, Bogot, 2000.
165\ Cullar Mara Mercedes. Colombia: Un Proyecto 
Inconcluso. Volume II. Universidad Externado de 
Colombia, Bogot, 2000.
166\ Fiscala General de la Nacin. Report of 
Activities, 1997-2001. This report shows the 
number of officers assassinated in the past 5 
years. It gives the number killed by common 
delinquents, subversive, and para-military 
organizations but these killings are presented by 
percentage.  Also there are no data concerning 
deaths of judicial officers caused by citizens who 
acted due to feelings of frustration, rage, 
resentment, inefficiency, etc.
167\ Revista Criminalidad. National Police, 2000. 
Issue Number 43.

About the Authors

Principal Researcher-Rafael Campo-Vsquez. 
Education: Bachelor of Arts in Sociology, 
University of Pennsylvania, Philadelphia, U.S.A. 
Master of Arts in Sociology, University of 
Pennsylvania, Philadelphia, U.S.A. Ph.D. in
Sociology, (A.B.D.) University of Pittsburgh, 
Pittsburgh U.S.A. Ph.D. in Education, Universidad 
de Costa Rica, San Jos de Costa Rica, Costa Rica. 
Professional Experience: Acting Professor, 
Pontificia Universidad Javeriana, Bogot, 
Colombia. Director Master Program in Education, 
Pontificia Universidad Javeriana, Bogot, 
Colombia. Current Position: Dean, faculty of 
Education, Pontificia Universidad Javeriana, 
Bogot, Colombia. Languages: Spanish and English.

Principal Researcher-Rosa Margarita Vargas de Roa. 
Education: Social Worker, Pontificia Universidad 
Javeriana, Bogot, Colombia. Master on Social 
Politics, Universidad Externado de Colombia, 
Bogot, Colombia. Professional Experience: 
Associate Professor, Pontificia Universidad 
Javeriana, Bogot, Colombia. Consultant for the 
United Nations Organization, the World Bank and 
the Interamerican Bank of Development, Bogot 
Colombia. Current Position: Dean, Faculty of 
Social, Work Universidad de la Salle, Bogot 
Colombia. Director Institute of Human Development, 
Pontificia Universidad Javeriana, Bogot, 
Colombia. Languages: Spanish.

Assistant Researcher-Francisco Abondano-Vidales. 
Education: Doctor en Derecho, J.D., Colegio Mayor 
de Nuestra Seora del Rosario, Bogot; Admitted, 
1998, Diploma on State Contracting, Colegio Mayor 
de Nuestra Seora del Rosario. Profesional 
Experience: State Contracting, Family Law, 
Business and Corporate Law, with the following 
entities: Comptrolling Bureau of Santaf de 
Bogot, Judiciary Branch of the Public Power (20th 
Family Court), Horizonte Pesiones y Cesantas 
S.A., Heath Lambert Corredores de Seguros S.A. 
Current Position: At present he is attending 
English courses in Eastbourne, United Kingdom. 
Languages: Spanish and English.  

Translator-Pilar Gamboa-Morales. Education: Doctor 
en Derecho, J.D., Universidad Sergio Arboleda, 
Bogot, Admitted 1993; Major on Art History, 
Universidad Javeriana, 1996. Professional 
Experience: Industrial Property and Business Law 
with the law firms Vsquez Villarreal and Co., 
Triana, Uribe and Michelsen, and Gamboa, Chalela 
and Gamboa in Bogot. Current Position: From 1994 
to date, independent practice as certified 
translator specialized on legal matters, providing 
services to the most important law firms in the 
country, as well as to other public and private 
organizations, both domestic and foreign. 
Languages: Spanish, English and French; Certified 
Translator acknowledged by the Colombian Ministry 
of Justice.

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06/04/03 ih