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ACT
(December 15)
Official Journal No. 40,690 of 15 December 1992
By which the organization and functioning of the Ombudsman's Office are established and other provisions are dictated in the development of article 283 of the Political Constitution. from Colombia
COLOMBIA CONGRESS
DECRETA:
LEGAL NATURE.
ARTICLE 1o. 28 of Decree 25 of 2014 >
ARTICLE 2o. The Ombudsman is elected by the House of Representatives of the Terna, prepared by the President of the Republic, for a period of four years, counted from 1o. of September 1992.
The terna will be presented in the first fifteen days after the installation of the sessions in the legislative four-year period.
The choice will be made in the first month of sessions:
PEOPLE DEFENDER ' S REGIME.
CHAPTER I
DEFENDER ' S STATUTE.
ARTICLE 3o. The Ombudsman shall have the same qualities as required to be a Magistrate of the Supreme Court, the Constitutional Court or the State Council. charge to the President of the Republic or to the President of the Republic, or to whom he does at the time of the initiation of the period.
You will not be able to be Ombudsman:
1. Who has been convicted of a judicial sentence executed for the custodial sentence of liberty, except for political or culpous crimes.
2. Those in disciplinary proceedings have been punished by competent authority in decision-making with the removal or suspension of the charge.
3. Who has been excluded by means of a decision enforceable in the exercise of a profession.
4. Who is in judicial interdiction.
5. Who has been the subject of a duly enforceable charge, while the legal situation is defined, except where the latter has been committed for political or cultural crimes.
6. Who is a relative in the fourth degree of consanguinity, first of affinity or first civil or has ties by marriage or permanent union with the Representatives to the Chamber that intervene in their election, with the Attorney General of the Nation and with the President of the Republic, or whoever makes his or her time to intervene in his nomination.
PARAGRAFO. In any case, the system of inabilities and incompatibilities established by the law for the Attorney General of the Nation will be applicable to the Ombudsman.
ARTICLE 4. The investiture of the Ombudsman is incompatible with the exercise of another public or private office or any professional activity or employment, except for the University Chair.
ARTICLE 5o. 28 of Decree 25 of 2014 >
ARTICLE 6o. The Ombudsman, directly or through the Regional Defenders, will provide the Municipal Persons with the necessary guidance and support for their work as Ombudsmen and Veers citizens.
ARTICLE 7o. The Ombudsman may not exercise judicial or disciplinary functions, except for those of his or her own dependency. Their opinions, reports and recommendations have the force that the National Constitution, law, society, their independence, their moral qualities and their high position within the State provide.
ARTICLE 8. Any natural or legal person may submit plans, proposals or projects for the defense and promotion of human rights. The Ombudsman will assess the objectives, the need and importance of these programmes, the feasibility of their implementation and the way they are implemented.
ATTRIBUTIONS.
ARTICLE 9o. 28 of Decree 25 of 2014 >
ARTICLE 10. 28 of Decree 25 of 2014 >
ARTICLE 11. 28 of Decree 25 of 2014 >
ARTICLE 12. 28 of Decree 25 of 2014 >
ARTICLE 13. 28 of Decree 25 of 2014 >
FUNCTIONAL RELATIONSHIPS AND ENFORCEMENT OF COLLABORATION AND INFORMATION
FUNCTIONAL RELATIONSHIPS.
Collaboration between organs and entities in the State:
ARTICLE 14. All public entities and organs of the State, as well as the individuals to whom the provision of a public service has been awarded or attributed, shall collaborate diligently and The Ombudsman is in good time with the Ombudsman for the performance of his duties.
COLLABORATION ENFORCEMENT.
Report duty:
ARTICLE 15. All public authorities as well as individuals to whom the provision of a public service has been attributed or awarded shall provide the information necessary for the cash exercise of the Ombudsman's duties, without being able to oppose any reservation, unless the Constitution provides for it. The information must be supplied within a maximum of five days.
Help Duty:
ARTICLE 16. All public authorities and all individuals to whom the provision of a public service has been attributed or awarded are obliged, in the exercise of their duties, to auxiliary active and immediate, with technical, logistic, functional or personal assistance, to the Ombudsman's Office.
In visits to public entities or authorities or individuals to whom the provision of a public service has been attributed or awarded, the Ombudsman shall have full access to information, receive technical assistance for the understanding of (a) specialised cases, may request explanations of the case and may give evidence to any person to give evidence of the facts under investigation.
Refusal of officials to report:
ARTICLE 17. The refusal or negligence of an official or public servant that prevents or hinders the development of the functions of the Ombudsman's Office shall constitute a cause of misconduct, which shall be sanctioned. with the removal of the position, without prejudice to the criminal sanctions to be imposed.
The refusal or negligence of the individual to whom the provision of a public service has been attributed or awarded shall be communicated by the Ombudsman to the entity in charge of the allocation or award and shall be included in the annual report to the Congress, as well as in which it regularly gives up to public opinion.
ORGANICA STRUCTURE.
ARTICLE 18. 28 of Decree 25 of 2014 >
ARTICLE 19. The National Government will establish the personnel plant of the Ombudsman's Office, taking into account the nomenclature contained in this Law and subject to the programs, needs of the service and global amount set by the Appropriations Act.
ARTICLE 20. 17 of Decree 26 of 2014 >
PUBLIC DEFENSE ADDRESS.
PUBLIC OMBUDSMAN ADDRESS AND MODES.
ARTICLE 21. The Public Defender's Office shall be in favor of persons with respect to those who are accredited as being in an economic or social impossibility to provide for themselves the defense of their rights, to assume its judicial or extrajudicial representation and to ensure full and equal access to justice or to the decisions of any public authority.
In the performance of this function, the National Director of the Public Defender's Office will abide by the criteria established by the Ombudsman, by means of a regulation.
In criminal matters, the Public Defender service will be provided at the request of the accused, accused or convicted, of the Public Ministry, the judicial officer or the Ombudsman's initiative when it considers it necessary and the intervention will be will do since the previous investigation. It may also be provided in labor, civil and administrative-administrative matters, provided that the conditions laid down in paragraph 1 are met. of this article.
In civil matters, the Ombudsman shall act on behalf of the party to whom the provisions of the Code of Civil Procedure are granted poverty, and the designation should be given to a lawyer who is a party member. of the lists of Public Defenders that will be prepared by the Directorate of Public Defensory and will forward to the Judicial Offices, in accordance with regulations that the Ombudsman will issue.
In labor and litigation matters, Public Advocates will have the quality of judicial or proxy representatives and will require a grant of power from the person concerned.
ARTICLE 22. The Public Defender will be provided:
1. For lawyers who, as Public Advocates, are part of the staff plant of the entity.
2. For qualified and enrolled lawyers who have been hired as Public Advocates.
3. For the students of the last two years of the faculties of law officially recognized by the State, belonging to the legal offices, who will be able to intervene under the supervision and academic orientation of their Directors and with the coordination of the Directorate of Public Defender, in the criminal, civil and labour processes and actions, within the conditions laid down in the statute of the profession of lawyer.
4. By the graduates of the law faculties officially recognized by the State that choose the free service of the service as Public Defender for nine (9) months as a requirement to opt for the title of lawyer and according to the conditions laid down in the Staff Regulations of the Advocate.
For the above and all of the effects of the law, type approval of the performance as Public Defender to the voluntary legal service of the Special Decree 1862 of 1989, under the conditions determined by the regulations issued by the Ombudsman.
The National Director of Public Defender will certify on the fulfillment of the service.
PARAGRAFO. The Ombudsman may conclude agreements with the universities or faculties of law officially recognized by the State, so that they provide the necessary academic and logistical support to the public defenders who are selected or accepted by the Public Defender's Office, which corresponds to the coordination and operational supervision of the compliance with the agreements.
FUNTIONS.
ARTICLE 23. 28 of Decree 25 of 2014 >
ADDRESS OF RESOURCES AND COURT ACTIONS.
ARTICLE 24. 28 of Decree 25 of 2014 >
ARTICLE 25. By delegation of the Ombudsman, when the needs are advised, the Right of Habeas Corpus may be brought by the Public Defenders and the Persons. The Ombudsman assigned to this effect will communicate the results of his management to the Directorate of Resources and Judicial Actions.
ADDRESS AND COMPLAINT HANDLING ADDRESS.
ARTICLE 26. 28 of Decree 25 of 2014 >
ARTICLE 27. For the receipt and processing of complaints this Address will be closed to the following rules:
1. It will admit complaints that are anonymous or those that are unfounded. This ban will be mandatory for the entire Public Ministry.
2. Complaints involving a server of the State will be sent to the respective entity so that within a period of not more than five days written report to the applicant, with copy to the sender's office, the procedure and the management completed.
3. The refusal or negligence to answer is a serious fault, and is punishable by removal from office and will be taken as a matter of the Ombudsman's work. In such cases, the Ombudsman may include the name of the official who is reluctant in the report to the Congress or to disclose to the public, without prejudice to the disciplinary sanctions to be taken.
4. Where circumstances are advised, the identity of the complaint may be kept under reserve, except for legal exceptions.
ARTICLE 28. 28 of Decree 25 of 2014 >
To verify the veracity of the complaints received or to prevent the violation of Human Rights, this Directorate will be able to practice visits to any public or private entity and require the necessary information without being able to oppose it. reservation.
The Ombudsman's Office will be able to use any means of proof and will have the same value as the law for criminal and disciplinary purposes.
ARTICLE 29. 28 of Decree 25 of 2014 >
HUMAN RIGHTS PROMOTION AND DISCLOSURE ADDRESS.
ARTICLE 30. 28 of Decree 25 of 2014 >
GENERAL SECRETARY.
ARTICLE 31. 28 of Decree 25 of 2014 >
OF THE PEOPLE ' S DEFENSE ADVISORY COUNCIL.
ARTICLE 32. Create the Advisory Council of the Ombudsman's Office, which will be chaired by the Ombudsman and will be composed of the Presidents and Vice-Presidents of the Legal Commissions for Human Rights. Human from each Legislative Chamber, a representative of the Institute of Political Studies and International Relations of the National University of Colombia, a representative of the private universities, a delegate of the National Federation of People of Colombia and four spokespersons of non-governmental organizations with people The legal and the object of the defence and the promotion of human rights.
The selection of the members belonging to the university institutions and to the non-governmental organizations referred to in this article shall be made in accordance with the regulations that the Ombudsman may issue People.
ARTICLE 33. The Advisory Board of the Office of the Ombudsman may give its own rules of procedure and shall be held in an ordinary session once a month, after the Ombudsman's request and, at the request of the Ombudsman, any of its members.
Any person or public servant may be cited for the purpose of reporting on issues that are of interest to the Council.
ARTICLE 34. The Advisory Board of the Ombudsman will have as special functions to advise the Ombudsman on the design of policies and programs relating to his competence; to propose the guidelines, guidelines and recommendations it deems necessary and to exchange and analyze the information held by each of its members.
GENERAL PROVISIONS.
