Colombia: Requirements and procedures to submit a complaint to the police, the Fiscalía General de la Nación, and the Defensoría del Pueblo, including types of complaints; standardization and appearance of documents; requirements and procedures to obtain a copy of the complaint and investigative report for each organization, both from within the country and from abroad

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Criminal Complaints
1.1. Submitting a Complaint

The website of the Attorney General's Office (Fiscalía General de la Nación, FGN) indicates that anyone who knows of a crime has the obligation to report it, but no one is obliged to submit a criminal complaint (denuncia) against oneself, against one's spouse or permanent partner or against one's relatives within the fourth grade of consanguinity or civil relationship or second of kinship, or when one remains in professional secrecy (Colombia 28 Apr. 2017). According to the same source, minors reporting a crime should be accompanied by their parents or a relative, or the FGN will assign a family advocate who will accompany the minor when filing the complaint (Colombia 28 Apr. 2017).

The website of the Ministry of Justice and Law further explains that a criminal complaint is known as a grievance (querella) for certain crimes, such as injury, slander, theft of up to 150 monthly minimum wages, or minor personal injuries (Colombia 29 Sept. 2016). In the case of a grievance, the person directly affected or the victim must submit the complaint within six months following the incident, or as soon as they become aware of the incident (Colombia 29 Sept. 2016).

The website of the Ministry of Justice indicates that in case one is a victim of a crime or knows of a crime, one must file a complaint, verbally or in writing, at the nearest location of the FGN or, if there is no FGN office in one's municipality, to the police (Colombia 29 Sept. 2016). According to the English-language Frequently Asked Questions (FAQ) section on the website of the FGN, the FGN "is an institution assigned to the Judicial Branch with an administrative and budgetary autonomy whose main purpose is to provide citizens with … effective law enforcement" (Colombia 10 Apr. 2017). The same source states that "[o]ne of its main functions is to investigate offenses and indict alleged offenders before judges and [c]ourts by virtue of a complaint or office" (Colombia 10 Apr. 2017). According to the Spanish-language FAQ section on the same website, the Corps of Technical Investigation is [translation] "the Judicial Police of the [FGN]. Its function is to support criminal investigations by legally obtaining information, evidence and evidentiary materials, under the coordination of the attorney general of the case" (Colombia 28 Apr. 2017). The US Department of State's Country Reports on Human Rights Practices for 2016 indicates that the Colombian National Police (Policía Nacional de Colombia, PNC) shares "law enforcement investigatory duties" with the FGN's "Corps of Technical Investigators" (US 3 Mar. 2017, 10). The same source states that "[t]he [PNC] … is responsible for internal law enforcement and is under the jurisdiction of the Ministry of Defense" (US 3 Mar. 2017, 10). However, in correspondence with the Research Directorate, the Head of the Criminal Investigation Department of the PNC's Metropolitan Police of Santiago de Cali stated that the PNC does not receive criminal complaints, but officials of the judicial police of the PNC are in charge of receiving criminal complaints about crimes delineated in the Colombian Penal Code (Colombia 28 Mar. 2017).

According to the FGN website, a natural or legal person who is affected by or has knowledge of a crime that has taken place must submit a complaint at the following entities:

• local Complaint Reception Centres (Salas de Recepción de Denuncia de la localidad);
• Justice Houses (Casas de Justicia) [1];
• PNC Stations (Estaciones de la Policía Nacional): the Central Judicial Police Directorate (Dirección Central de Policía Judicial, DIJIN) and the Regional Offices of the Judicial Police (Seccionales de Policía Judicial, SIJIN)
• Family Commissaries, in cases of domestic violence;
• Unified Action Groups for Personal Freedom (Grupos de Acción Unificada por la Libertad Personal, GAULA), in cases of kidnapping or extortion;
• Centres for Comprehensive Assistance for Victims on Criminal Cases (Centros de Atención Penal Integral a Víctimas, CAPIV) in the cities where they exist (Colombia 28 Apr. 2017).

A document posted on the FGN website further indicates that the CAPIVs can be found in Bogotá, Barranquilla, Barrancabermeja, Villavicencio, and Tumaco (Colombia n.d.a.). For further information on reporting domestic violence, see Response to Information Request COL105771 of April 2017.

The website of the US Embassy in Bogotá further reports that "[a] police report … may be filed at the nearest Unidad de Reacción Inmediata (URI) [Immediate Response Unit] of the Colombian judicial authorities" (US n.d.). A list of URI locations as provided on the FGN website is attached to this Response (Attachment 1). The US Embassy in Bogotá adds that a report can be filed "at a police station but it will not have the same validity for legal process and it is recommended that victims go to the URI to file a formal report" (US n.d.). The website further states that "[a] suspected kidnapping or hostage-taking should be reported to the [GAULA]" (US n.d.).

The FGN's website states that procedures handled by the FGN are free of charge (Colombia 28 Apr. 2017). According to the website of the Ministry of Justice and Law, it is not necessary to have a lawyer to submit a complaint (Colombia 29 Sept. 2016). The website of the US Embassy in Bogotá indicates that "it is best to file the report in the jurisdiction where the crime occurred, if possible," and that "the victim should file the report in person" (US n.d.).

The Ministry of Justice and Law indicates that once a grievance or criminal complaint is received or the case is known, the FGN has a maximum of two years to bring the case to a criminal judge or to dismiss it (Colombia 29 Sept. 2016). According to the website of the US Embassy in Bogotá,

[a] criminal investigation can be a long process, sometimes lasting many months, depending on the circumstances. … [M]any investigations never result in the arrest of a suspect. While the crime is being investigated a victim may be called upon to provide forensic evidence such as fingerprints, photographs, and other evidence. … In general, a case will remain open for 12 months. If there is no progress or arrest during that time it will generally be closed. (US n.d.)

According to the FGN's website, [translation] "[t]he complaint, grievance or petition is filed verbally or in writing, or through any technical medium that allows for the identification of the author, and includes the day and time of filing, and a detailed account of the facts known to the complainant" (Colombia 28 Apr. 2017). The same source indicates that information on the date and place of the events, and the presumed perpetrators, if they are known to the complainant, are also included (Colombia 28 Apr. 2017). The same source indicates that the complaint may only be expanded upon once for relevant aspects of the investigation (Colombia 28 Apr. 2017).

1.1.1. Online Reporting

According to El Tiempo, a Bogotá-based newspaper, citizens can report robberies, extortion, drug trafficking and corruption, among other crimes, through the [translation] "Security Online" (Seguridad en Línea) application, which is available in the AppStore and GooglePlay (El Tiempo 2 Apr. 2017). According to Seguridadenlínea.com, the information submitted by the user through the application about a criminal complaint is treated in accordance with Law 1581 of 2012, with the purpose of creating a criminal complaint at the FGN (Seguridadenlínea.com n.d.). According to sources, complaints submitted in the application about different types of robberies, such as general, car and residential theft, robbery known as "fleteo"[2], and credit card fraud, are received by the FGN which assigns the complaint a number in the information system of the Oral Accusatory System of Criminal Justice (Sistema Penal Oral Acusatorio, SPOA) (W Radio 17 Aug. 2016; Enter 17 Aug. 2016).

According to an article in El Colombiano, an Antioquia-based newspaper, criminal complaints, which require the complainant to identify oneself, are sent directly to the FGN so the complainant does not have to go to the URI (El Colombiano 24 Sept. 2016). Similarly, according to El Tiempo, the application [translation] "saves citizens from going to URI or police stations to submit a complaint and allows them to follow up on the cases that they report" (El Tiempo 2 Apr. 2017). Sources cite the mayor of Bogotá as stating that citizens can submit a complaint via their cell phone, with complete validity, without having to go to the URI (W Radio 17 Aug. 2016; Enter 17 Aug. 2016).

According to Seguridadenlínea.com, anonymous reports and criminal complaints can be filed in the following locations:

• [translation] Medellín (only the municipality of Medellín, including its 16 communities and 5 townships, but not including other municipalities of the Metropolitan Area of the Valle de Aburrá);
• Bogotá D.C. (Distrito Capital) (only the capital, not including the neighbouring municipalities like Soacha, Chía, Cota, La Calera);
• East Antioqueño (Abejorral, Alejandría, Argelia, Cocorná, Concepción, El Carmen de Viboral, El Peñol, El Retiro, El Santuario, Granada, Guarne, Guatapé, La Ceja, La Unión, Marinilla, Nariño, Rionegro, San Carlos, San Francisco, San Luis, San Rafael, San Vicente, Sonsón);
• West Antioqueño (Abriaquí, Anzá, Armenia, Buriticá, Caicedo, Cañasgordas, Dabeiba, Ebéjico, Frontino, Giraldo, Heliconia, Liborina, Olaya, Peque, Sabanalarga, San Jerónimo, Santa Fe de Antioquia, Sopetrán, Uramita);
• Southwest Antioqueño (Amagá, Andes, Angelópolis, Betania, Betulia, Caramanta, Ciudad Bolivar, Concordia, Fredonia, Hispania, Jardin, Jericó, La Pintada, Montebello, Pueblorrico, Salgar, Santa Bárbara, Támesis, Tarso, Titiribí, Urrao, Valparaiso, Venecia) (Seguridadenlínea.com n.d.).

Similarly, according to El Tiempo, Security Online only works in Bogotá, Medellín and [translation] "some towns" in Antioquia (El Tiempo 2 Apr. 2017).

El Tiempo states that between August 2016 and February 2017, the Security Online application has been downloaded more than 26,000 times and 752,210 users have registered to the platform on its website (El Tiempo 2 Apr. 2017). The same source further cites statistics of the Secretariat of Security (Secretaría de Seguridad) as indicating that, seven months after the application's launch, 9,490 cases have been reported, including 4,663 complaints and 4,827 [translation] "community problems" (El Tiempo 2 Apr. 2017).

According to W Radio, a Colombia-based radio station, the District Administration of Bogotá has placed computers in 15 Justice Houses so that people can submit a criminal complaint online (W Radio 17 Aug. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.2. Standardization and Appearance of Documents

According to the Head of the Criminal Investigation Department of the Metropolitan Police of Santiago de Cali, criminal complaints received by the PNC's judicial police are linked to the SPOA of the FGN, where a unique, 21-digit number of the [translation] "criminal notice" (noticia criminal) is generated when the crime is reported (Colombia 28 Mar. 2017). With this number, it is possible to determine in which city of the country the crime was reported (Colombia 28 Mar. 2017). According to the website of the Ministry of Justice and Law, the complaint can be tracked with the tracking number of the case (Colombia 29 Sept. 2016). According to the Head of the Criminal Investigation Department of the Metropolitan Police of Santiago de Cali, a manual copy of the criminal notice is filled out when there is no access to the SPOA of the FGN (Colombia 28 Mar. 2017). The same source stated that there is no variation of this format because it is unique and established by the FGN (Colombia 28 Mar. 2017). A copy of a [translation] "System of Complaints and Violations" (Sistema de Denuncias y Contravenciones, SIDENCO) application of the PNC which is linked to the FGN's SPOA is attached to this Response (Attachment 2). Further and corroborating information on the format of criminal complaints could not be found among the sources consulted by the Research Directorate within the time Constraints of this Response.

1.3. Obtaining a Copy of the Complaint and Investigative Report

The Head of the Criminal Investigation Department of the Metropolitan Police of Santiago de Cali stated that once the complaint is received, the claimant is given a copy of the [translation] "established complaint" (Colombia 28 Mar. 2017). According to the same source, a person who reported a crime can obtain a copy of the report from outside of Colombia through a family member or a lawyer, with certified power in the country in which the claimant resides (Colombia 28 Mar. 2017). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Human Rights Complaints
2.1. Submitting a Human Rights Complaint

According to the website of the Ombudsperson's Office (Defensoría del Pueblo), the Ombudsperson's Office is the human rights protection agency created by the 1991 Constitution (Colombia n.d.b.). According to ACCESS Facility [3], "[t]he Colombian Constitution of 1991 … establishes the mandate of the [Ombudsperson] as part of the Public Ministry exercising functions under the supreme direction of the [FGN]" (ACCESS Facility Oct. 2015). In correspondence with the Research Directorate, the Head of the International Affairs Office of the Ombudsperson's Office stated that the Ombudsperson's Office has the constitutional mandate to promote and raise awareness of human rights, and to ensure the exercise of human rights (Colombia 23 Mar. 2017). According to the US Country Reports 2016, the Ombudsperson "is independent, submits an annual report to the House of Representatives, and [is responsible] for providing for the promotion and exercise of human rights" (US 3 Mar. 2017, 36). According to the website of the Ombudsperson's Office, the Ombudsperson's Office does not exercise judicial or disciplinary functions, but provides opinions, reports and recommendations, and [translation] "exercises a power of critique based on its moral prestige" (Colombia n.d.b.).

The Head of the International Affairs Office of the Ombudsperson's Office stated that the Ombudsperson's Office manages the process of [translation] "Petition Services" (Atención de Peticiones), in accordance with Law 1755 of 2015 (Colombia 23 Mar. 2017). The website of the Ombudsperson's Office indicates that any national or foreigner can file a request, complaint or grievance, and that Article 23 of the Constitution recognizes that everyone has [translation] "the fundamental right of petitioning," which includes the right to file a petition to authorities for a general or a particular purpose and the right to obtain a prompt resolution of the petition (Colombia n.d.b.). According to ACCESS Facility,

[a]ny national or foreign person can file requests and complaints related to the protection and enforcement of human rights to the Ombudsman. Anonymous complaints are not accepted. The identity of the complainant may be kept confidential when circumstances so warrant, unless disclosure of the identity is necessary for legal reasons. (ACCESS Facility Oct. 2015)

Similarly, the website of the Ombudsperson's Office indicates that [translation] "when the circumstances require it, the Ombudsperson's Office will withhold the identity of the petitioner" (Colombia n.d.b.).

According to the website of the Ombudsperson's Office, natural and legal persons (including associations, trade unions, NGOs) have the right to submit petitions and petitions can be in verbal or written format (Colombia n.d.b.). According to ACCESS Facility, "[i]ndividuals can submit their concerns both verbally or in written form in the following way: [d]irectly to one of the [r]egional ombuds[person] offices; [b]y phone, calling one of the regional ombuds[person] offices or the national hotline; by mail; [or] by email" (ACCESS Facility Oct. 2015). The Head of the International Affairs Office of the Ombudsperson's Office stated that according to Article 5 of Law 1437 of 2011, the petition can be presented directly by the petitioner or through a representative with power of attorney [translation] "which must comply with the established requirements" and have at least the following information: the full name of the applicant and, if applicable, of the legal representative or attorney, and an identity document and address; the objective of the petition or query; the reasons for the petition; a list of accompanying documents and; the signature of the petitioner (Colombia 23 Mar. 2017). According to the website of the Ombudsperson's Office, a written complaint should include: the name and surnames of the petitioner; the number of the petitioner's identity document; the petitioner's address; a description of the request; an explanation of the events that led to the request; a list of annexed documents (if applicable); and the signature of the applicant, if the petitioner knows how to write (Colombia n.d.b). According to ACCESS Facility, when a complaint is submitted by telephone, "an officer will take note of the petitioner's data and of the procedure that [the petitioner] wants to be performed. Once the concern is registered, the officer will forward the report to the appropriate regional office for follow up" (ACCESS Facility Oct. 2015).

The Head of the International Affairs Office of the Ombudsperson's Office stated that authorities must resolve petitions within a period of 15 working days (Colombia 23 Mar. 2017). According to the website of the Ombudsperson's Office, [translation] "if this is not possible, the Ombudsperson's Office will inform the petitioner about the inability to respond within the statutory period, the reasons for the delay and the date when the response will be given" (Colombia n.d.b.).

2.2. Standardization and Appearance of Documents

The Head of the International Affairs Office of the Ombudsperson's Office stated that in order to ensure that petitions presented by citizens before the Ombudsperson's Office are dealt with in a specific order in accordance with legal requirements, the petitions are received at the Ombudsperson's Office or [translation] "in situ (decentralized service centres outside of the institution)," in person, by email, fax or phone, or "ex officio" (Colombia 23 Mar. 2017). The same source stated that a specific document format for petitions does not exist because petitions are registered digitally in the Ombudsperson's Office's digital case management system called Vision-Web (Colombia 23 Mar. 2017). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.3. Obtaining a Copy of the Complaint and Investigative Report

The Head of the International Affairs Office of the Ombudsman stated that in order to obtain petition documents, a citizen must express the wish to obtain a copy of said documents, but that in accordance with the Constitution and the law, there are documents that are considered secret or restricted, including documents related to instructions from the government to ministers and diplomats or related to secret negotiations (Colombia 23 Mar. 2017). Further and corroborating information about obtaining copies of documents related to human rights complaints could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] Justice Houses [translation] "are centres for information, orientation, referrals and service delivery regarding conflict resolution where mechanisms that promote tolerance and peaceful coexistence for citizens are carried out" (Colombia 28 Apr. 2017).

[2] Fleteo is [translation] "robbery after leaving a bank" (El Tiempo 25 Mar. 2012).

[3] ACCESS Facility is a Netherlands-based "global nonprofit organization that supports rights-compatible, interest-based problem-solving to prevent and resolve conflicts between companies and communities" and "collects and curates a growing body of academic research, case studies, regulatory and institutional frameworks" on "collaboration, preventative action and conflict resolution" (ACCESS Facility n.d.).

References

ACCESS Facility. October 2015. "Colombia's Defensoría del Pueblo. National Human Rights Commission." [Accessed 6 Mar. 2017]

ACCESS Facility. N.d. "About ACCESS." [Accessed 6 Mar. 2017]

Colombia. 28 April 2017. Fiscalía General de La Nación. "Preguntas frecuentes." [Accessed 6 Mar. 2017]

Colombia. 10 April 2017. Fiscalía General de La Nación. "Frequently Asked Questions." [Accessed 1 May 2017]

Colombia. 28 March 2017. Policía Nacional de Colombia, Policía Metropolitana de Santiago de Cali. Correspondence from the Head of the Criminal Investigation Department to the Research Directorate.

Colombia. 23 March 2017. Defensoría del Pueblo Colombia. Correspondence from the Head of the International Affairs Office to the Research Directorate.

Colombia. 29 September 2016. Ministerio de Justicia y del Derecho. "¿Cómo presentar una denuncia, si fui víctima o conozco de un delito?" [Accessed 7 Mar. 2017]

Colombia. N.d.a. Fiscalía General de la Nación. "Violencia intrafamiliar." [Accessed 2 May 2017]

Colombia. N.d.b. Defensoría del Pueblo. "Preguntas Frecuentes." [Accessed 7 Mar. 2017]

El Colombiano. 24 September 2016. Gustavo Ospina Zapata. "Seguridad en Línea incentiva la denuncia anónima." [Accessed 19 Apr. 2017]

El Tiempo. 2 April 2017. "¿Qué pasó con la 'app' para denunciar atracos en tiempo real?" [Accessed 19 Apr. 2017]

El Tiempo. 25 March 2012. "El fleteo es un delito común que agobia a los bogotanos." [Accessed 28 Apr. 2017]

Enter. 17 August 2016. Miguel Ángel Hernández. "Descargue Seguridad En Línea, la app para denunciar delitos en Bogotá." [Accessed 19 Apr. 2017]

Seguridadenlínea.com. N.d. "Términos y condiciones." [Accessed 19 Apr. 2017]

United States (US). 3 March 2017. Department of State. "Colombia." Country Reports on Human Rights Practices for 2016. [Accessed 10 Mar. 2017]

United States (US). N.d. Embassy in Bogotá. "Victims of Crime." [Accessed 26 Apr. 2017]

W Radio. 17 August 2016. "Alcaldía de Bogotá lanza aplicación para denunciar delitos." [Accessed 19 Apr. 2017]

Additional Sources Consulted

Oral sources: Colombia - Attorney General's Office, Consulate General in Toronto, Embassy in Ottawa, Metropolitan Police of Barranquilla, Ministry of Justice and Law, National Police; Comisión Colombiana de Juristas; La Corporación Colectivo de Abogados José Alvear Restrepo; Professor of Law at the Universidad Autónoma Latinoamericana; Programa No Gubernamental de Protección a Defensores de Derechos Humanos; US - Embassy in Bogotá.

Internet sites, including: Amnesty International; Colombia - Bogotá Secretaría Distrital de la Mujer, National Police; Colombia.com; ecoi.net; El Mundo; El Pensante; Empresa para la Seguridad Urbana; Factiva; Interlatin Corporation; Semana; Soporte Juridico; UN - Office of the High Commissioner for Human Rights, Refworld.

Attachments

1. Colombia. N.d. Fiscalía General de La Nación. "Centros de Atención Ciudadana Unidades de Reacción Inmediata - URI." [Accessed 6 Mar. 2017]
2. Colombia. N.d. Policía Metropolitana Santiago de Cali. "Formatos aplicativo SIDENCO de la Policía Nacional, el cual queda enlazado son el Sistema Penal Oral Acusatorio SPOA de la Fiscalía General de la Nación." Sent to the Research Directorate by an official of the Policía Metropolitana Santiago de Cali, 28 March 2017.