Whereby The Organization And Functioning Of The Ombudsman Are Established And Other Provisions In Article 283 Development Of The Constitution Of Colombia

Original Language Title: Por la cual se establecen la organización y funcionamiento de la Defensoría del Pueblo y se dictan otras disposiciones en desarrollo del artículo 283 de la Constitución Política de Colombia

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
LAW 24 OF 1992
(December 15)
Official Gazette No. 40,690, of December 15, 1992
Whereby the organization and functioning of the Ombudsman are established and other provisions in Article 283 development of the Constitution of Colombia Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES: TITLE I

LEGAL STATUS.
ARTICLE 1o. Effective Notes

Legislation Previous

Article 2.
. The Ombudsman is elected by the House of Representatives from a list drawn up by the President of the Republic for a period of four years, counted from January 1.
September 1992. The shortlist will be presented in the first fifteen days following the installation of the sessions in the legislative quadrennium.
The election will take place in the first month session:

REGIME TITLE II THE OMBUDSMAN. CHAPTER
I
STATUTE OF THE DEFENDER.

ARTICLE 3. The Ombudsman shall have the same qualifications required for a judge of the Supreme Court, the Constitutional Court or the Council of State. He will take office before the President of the Republic or to the person acting on the date of commencement of the period. Effective Jurisprudence


It may not be Ombudsman:
1. Who has been convicted of judicial judgment to deprivation of liberty, except for political or intentional crimes.
2. Who in disciplinary proceedings it has been sanctioned by competent authority executory decision with dismissal or suspension from office.
3. Who has been excluded by decision rendered by the exercise of a profession.
4. Who is in judicial interdiction.
5. A person subject to indictment, duly executed, while legal, is defined situation except if it was issued for political or intentional crimes.
6. Whoever relative within the fourth degree of consanguinity, first of affinity or first civil or has ties by marriage or permanent union with the representatives to the House involved in the election, with the Attorney General's Office and the President of the Republic or the person acting in his application to intervene.
PARÁGRAFO. In any case, the system of disqualifications and incompatibilities established by law for the Attorney General's Office shall apply to the Ombudsman. Editor's Notes


ARTICLE 4. The investiture of Ombudsman is incompatible with the exercise of other public or private office or employment or any professional activity, except for the University Chair.

The 5th ITEM. Effective Notes

Legislation Previous


ARTICLE 6o. The Ombudsman, directly or through the Regional Advocates, municipal representatives to provide guidance and support necessary for their work as Ombudsmen and overseers citizens.

ARTICLE 7. The Ombudsman may not exercise judicial or disciplinary functions except those of his own dependence. Their opinions, reports and recommendations have the strength to provide them with the Constitution, the law, society, their independence, their moral qualities and his high position within the state.

Article 8. Any natural or legal person may submit plans, proposals or projects defense and promotion of human rights. The Ombudsman will assess the objectives, the need and importance of such programs, the feasibility of its implementation and how to implement them.

CHAPTER II POWERS.

Article 9. Effective Notes

Legislation Previous

ARTICLE 10.


Term Notes Legislation Previous



ARTICLE 11.


Term Notes Legislation Previous

ARTICLE 12.


Term Notes Legislation Previous

ARTICLE 13.


Term Notes Legislation Previous



TITLE III RELATIONS AND FUNCTIONAL COOPERATION AND INFORMATION OBLIGATION
CHAPTER I

functional relationships.
Collaboration between state organs and entities:

ARTICLE 14. All public bodies and organs of the State and individuals who have been awarded or attributed providing a public service, should work diligently and timely with the Ombudsman for the full implementation of its functions.

CHAPTER II OBLIGATION OF COLLABORATION. Duty to report
:


ARTICLE 15. All public authorities and individuals who have been granted or awarded the provision of a public service must provide the information necessary for the effective exercise of the functions of the Ombudsman, but they can oppose reservation any, except where the Constitution provides. The information must be provided within a maximum of five days. Editor's Notes

Duty relief
:

ARTICLE 16. All public authorities and all individuals who have been granted or awarded the provision of a public service are required, in the exercise of their functions, to aid active and immediate manner, technical support, logistics , functional or personal, to the Ombudsman.
In visits to institutions or public authorities or individuals to whom it has been assigned or adjudicated providing a public service, the Ombudsman will have full access to information, receive technical assistance for understanding specialized matters, may request the explanations as circumstances require and summon any person to testify about the facts under investigation.
Refusal of officials to report:

ARTICLE 17. The refusal or neglect of an official or public servant who prevents or hinders the development of the functions of the Ombudsman constitute grounds for misconduct, which shall be punished by dismissal from office, without prejudice to penalties penalties that may apply.
The refusal or neglect of the individual who has been assigned or adjudicated providing a public service, shall be communicated by the Ombudsman to the entity responsible for the assignment or allotment and will be included in the annual report to Congress, as well as which periodically yield to public opinion.

TITLE IV ORGANIZATIONAL STRUCTURE.
ARTICLE 18.


Term Notes Legislation Previous


ARTICLE 19. The National Government will establish the staffing of the Ombudsman, taking into account the nomenclature contained in this Act and subject to programs, service requirements and total amount allocated by the Appropriations Act.
ARTICLE 20.


Term Notes Legislation Previous

TITLE V

ADDRESS PUBLIC DEFENDER.

CHAPTER I MANAGEMENT AND CONDITIONS OF THE PUBLIC DEFENDER.

ARTICLE 21. The Public Defender is granted for persons for whom it is established that are in economic or social inability to provide for themselves to defend their rights, to take judicial or extrajudicial representation and in order to ensure full and equal access to justice or decision of any public authority.
In performing this function, the National Director of the Public Defender will stick to the criteria established by the Ombudsman, through regulations.
In criminal cases the Public Defender Service at the request of the accused, accused or convicted, prosecutors, the judicial officer or on the initiative of the Ombudsman be given when necessary and intervention will be made since the previous investigation. It can also provide labor, civil and administrative litigation matter, provided that the conditions set out in the 1st paragraph are met. of this article.
In civil matters, the Ombudsman will act on behalf of the party who is granted under poverty under the provisions of Code of Civil Procedure, the designation must fall preferably in a lawyer who is part of the lists of Public Defenders be developed by the Directorate of Public Defenders and sent to judicial offices, according to regulations issued by the Ombudsman.
In administrative labor and contentious issues public defenders have the quality of legal representatives or agents and this will require empowerment by the person concerned.

ARTICLE 22. The Public Defender shall be provided:
1. By lawyers as public defenders, they are part of the staffing of the entity.
2. By qualified and registered lawyers who have been hired as public defenders.
3. For students of the last two years of law schools officially recognized by the state, belonging to legal clinics, who may intervene under the supervision and academic orientation of its Directors and with the coordination of the Public Defender, in processes and criminal, civil and labor actions within the conditions laid down in the statute of the legal profession.

4. For graduates of law schools officially recognized by the State to choose the free service provision as Public Defender for nine (9) months as a requirement to obtain the title of attorney and in accordance with the conditions laid down in the Statute of the Profession Lawyer.
For the above purposes and all law, homológase performance as Public Defender to volunteer legal service that is the extraordinary Decree 1862 of 1989, within the conditions determined by the regulations issued by the Ombudsman.
The National Director of Public Defender certify compliance of service.
PARAGRAFO. The Ombudsman may enter into agreements with universities or law schools officially recognized by the State, so that they provide academic and logistical support to the Public Defenders who are selected or accepted by the Public Defender, which corresponds coordination and operational monitoring compliance with the agreements.

CHAPTER II FUNCTIONS.
ARTICLE 23.


Term Notes Legislation Previous




TITLE VI JUDICIAL REMEDIES AND ADDRESS OF ACTIONS.
ARTICLE 24.


Term Notes Legislation Previous

ARTICLE 25.
delegation of the Ombudsman, as needs warrant, the Law of Habeas Corpus may be brought by the Ombudsmen and Ombudsmen. The Ombudsman or Personero assigned for this purpose communicate to the Directorate of Judicial Resources and shares the results of its management. TITLE VII

ADDRESS OF ATTENTION AND PROCESSING OF COMPLAINTS.
ARTICLE 26.


Term Notes Legislation Previous


ARTICLE 27. For the reception and processing of complaints this address will be restricted to the following rules:
1. It inadmitirá complaints are anonymous or those lacking foundation. This prohibition shall be mandatory for all prosecutors.
2. Complaints involving a servant of the state shall be forwarded to the respective entity for a period not exceeding five days report in writing to the applicant with a copy to the sender Ombudsman, the processing and management fulfilled.
3. The refusal or neglect to respond constitutes a serious offense, punishable by removal from office and will be taken as interference with the work of the Ombudsman. In these cases the Ombudsman may include the name of the reluctant official in the report to Congress or disclose to the public, without prejudice to the disciplinary sanctions that may apply.
4. When circumstances warrant may be retained under the identity of a complainant, except for legal exceptions.
ARTICLE 28.


Term Notes Legislation Previous


To verify the veracity of the complaints received or prevent the violation of Human Rights Directorate visits can go to any public or private entity and to require the information needed to oppose him without reservation.
The Ombudsman may resort to any means test and will have the same value as the law gives to criminal and disciplinary purposes.
ARTICLE 29.


Term Notes Legislation Previous

TITLE VIII ADDRESS

PROMOTION AND RELEASE OF HUMAN RIGHTS.
ARTICLE 30.


Term Notes Legislation Previous



TITLE IX GENERAL SECRETARIAT.
ARTICLE 31.


Term Notes Legislation Previous

TITLE X

ADVISORY COUNCIL OF THE OMBUDSMAN.

ARTICLE 32. Create the Advisory Board of the Ombudsman, which will be chaired by the Ombudsman and shall consist of the chairmen and vice-statutory Human Rights Commissions of each Legislature, a representative of the Institute Political studies and International Relations at the National University of Colombia, a representative of the private universities, a delegate of the National Federation of Ombudsmen of Colombia and four spokespersons of non-governmental organizations with legal personality whose purpose is the defense and promotion of Human rights.
The selection of members belonging to university institutions and non-governmental organizations to which this article refers shall be in accordance with the regulations for the purpose by the Ombudsman.

ARTICLE 33. The Advisory Council of the Ombudsman may be its own rules and will meet regularly once a month at the behest of the Ombudsman and extraordinarily at the request of any of its members.

A meeting may be cited any person or public servant in order to report on topics of interest to the Council.

ARTICLE 34. The Advisory Council of the Ombudsman's special features will advise the Ombudsman in the design of policies and programs concerning their competence; propose guidelines, guidelines and recommendations it deems necessary and exchange and analyze information held by each of its members.

TITLE XI GENERAL PROVISIONS.
Next



Related Laws