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 Vásquez Rosa Margarita Vargas de Roa Assistant Researchers René 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 Recopilación, La Novísima Recopilación, and La Recopilación 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 Fiscalía General de la Nación (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 Fiscalía General de la Nación 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 Fiscalía General de la Nación. 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 Fiscalía General de la Nación 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, Bolívar, Boyacá, 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 Andrés and Providencia, Amazonas, Guainía, Guaviare, Vaupés and Vichada) into provinces. The following are current provinces of Colombia: Amazonas Antioquia Arauca Atlántico Bolívar Boyacá Caldas Caquetá Casanare Cauca Cesar Córdoba Cundinamarca Chocó Guainía Guajira Guaviare Huila Magdalena Meta Nariño Norte de Santander Putumayo Quindío Risaralda San Andrés and Providencia Santander Sucre Tolima Valle del Cauca Vaupés 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 Fiscalía, 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 Nariño Against public administration Atlántico Against justice administration Norte de Santander Against public security Bogotá D.C. Against public faith Bogotá D.C. Against economic and social order Norte de Santander Against vote Bolívar Against family Medellín Against individual freedom and other guaranties Bogotá D.C. Against sexual freedom and human dignity Bogotá D.C. Against moral integrity Bogotá D.C. Against life and personal integrity Bogotá D.C. Against economic patrimony Bogotá 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 González and the Head of Statistics: Mayor José Ferney Rodríguez 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 República) 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 González and the Head of Statistics: Mayor José Ferney Rodríguez 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 Fiscalía. 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 Protección al Menor (private), Asociación Afecto (private), ICBF (public) and Victimas de la Violencia Sexual (private). Fundación Centro de Investigación y Educación 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 Fundación País 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) * Fundación Centro de Investigación y Educación Popular (CINEP). * Consulting Bureau for Human Rights and Displacement (CODHES). * Ministry of Government (Public) * Fundación Restrepo Barco * Chamber of Commerce of Bogotá * assistance to kidnaped persons (program of full attention to persons affected by kidnaping) * Fundalibre * Fundación País Libre * assistance to minors * Centro de Protección de Menores * Asociación Afecto * Colombian Institute of Family Welfare (Public) * UNICEF * Víctimas de la Vilencia Sexual * assistance to women * Casa de la Mujer * Víctimas 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 (Fiscalía) 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 Fiscalía). 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 Fiscalía, which conducts the preliminary investigation of the criminal proceeding. Both the National Police and the Fiscalía 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 Fiscalía 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 Fiscalía General de la Nación, 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 Fiscalía General de la Nación. 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 colaboración 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 Fiscalía General de la Nación 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 Nación) 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 Fiscalía 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 Fiscalía 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 Fiscalía, 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 crítica), 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 Fiscalía General de la Nación./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 Policía 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 Rodríguez 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 Policía 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 Policía 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 Procuraduría General de la Nación, (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 Bogotá D.C., three policemen were removed for extortion of businessmen. Additionally, they were criminally punished. * On January 19, 2000, in the city of Medellín, 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 Bogotá and it has eight stations throughout the country, located in the cities of Medellín, Cali, Cúcuta, 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 * Fiscalía General de la Nación * 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 Bogotá * Confecámaras * Superintendency of Corporations * Superintendency of Surveillance and Private Security Institute of Social Security * Asofondos de Colombia * Ministry of Communications * Communication Companies * Empresa de Teléfonos de Bogotá (Telephone Utility Company of Bogotá) 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 Fiscalía General de la Nación. 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 Fiscalía General de la Nación 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 Fiscalía./95 The Fiscalía General de la Nación 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 Fiscalías * Sectional Directorships of Fiscalías * Delegate Units of Fiscalías * 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 Fiscalía 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 Fiscalía may be filed with the Office of Internal Control of the Fiscalía General de la Nación. 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 Fiscalía are judged by hierarchical superiors, subject to the preference of the Head of the Public Ministry./103 On the other hand, the Procuraduría General de la Nación may investigate the conduct of officials of the Fiscalía General de la Nación. The Delegate Procuraduría 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 Fiscalía General de la Nación 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 Fiscalía General de la Nación 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 Fiscalía General de la Nación, 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 Fiscalía 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 Fiscalía; 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 Fiscalía. Computers and technology constitute a significant, common tool for the Fiscalía General de la Nación. 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 Defensoría 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 Defensoría del Pueblo assumes the public defense of accused persons not having resources to pay a private counsel. However, the Defensoría 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.