Law 62 1993

Original Language Title: LEY 62 de 1993

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LAW 62 OF 1993
(August 12)
Official Gazette No. 40,987, of 12 August 1993
By which rules on the National Police issued a public establishment of social security and welfare is created for the National Police, the Superintendency of Surveillance and Private Security is created and is endowed with extraordinary powers to the President of the Republic. Summary

Term Notes
THE CONGRESS OF THE REPUBLIC OF COLOMBIA
DECREES: TITLE I.


GENERAL PRINCIPLES ARTICLE 1o. PURPOSE. The National Police, as part of the authorities of the Republic and as a permanent armed body of a civilian nature, in charge of the Nation, is instituted to protect all persons residing in Colombia, in his life, honor, property, beliefs and other rights and freedoms and to ensure compliance with the social obligations of the state and individuals. Also, for the maintenance of the necessary for the exercise of public rights and freedoms and to ensure that the inhabitants of Colombia live together in peace.
Police activity is intended to protect the fundamental rights as contained in the Constitution and international covenants, treaties and international human rights conventions signed and ratified by Colombia. Policing is governed by the Constitution, the law and human rights.
Article 2.
. BEGINNING. Police Public service is provided on the basis of the principles of equality, fairness, citizen and advertising by decentralizing control, delegation and deconcentration of functions. Therefore, interest in maintaining social harmony, peaceful coexistence, mutual respect between people and these to the State, giving policing an eminently Community, preventive, educational, ecological, supportive and judicial support character.

ARTICLE 3. LIMITS Policing. No activity can antagonize police who exercise their right but who abuse it.

ARTICLE 4. IMMEDIACY. Everyone has the right to receive immediate protection against any criminal or misdemeanors manifestation and the duty to cooperate with the authorities.
TITLE II.
NATURE AND NATIONAL POLICE SUBORDINATION CHAPTER I.


NATURE
The 5th ITEM. DEFINITION. The National Police is an armed body, established to provide a public service permanent, civil nature and in charge of the Nation. Its primary purpose is the maintenance necessary for the exercise of the rights and civil liberties to ensure civil peace conditions.

ARTICLE 6o. Police personnel. The National Police is composed of officers, staff of the Executive Level, NCOs, Agents, students and those providing compulsory military service in the institution, as well as public servants plainclothes, belonging to it, each other subject to own rules career and discipline in the way at all times established by law. Effective Notes

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ARTICLE 7. PROFESSIONALISM. Policing is a profession. His servants should receive a comprehensive academic training, so as to allow them a professional, cultural and social development, with emphasis on human rights, ethics instruction, ecological, leadership and community service.
Every member of the National Police, according to their rank, will be fully trained in academies and training centers specialized comprehensive. Technical and academic training will cover, among others, notions of law and training in salvage and public assistance.

Article 8. OBLIGATION TO INTERVENE. The uniformed personnel of the National Police, whatever their specialty or circumstances in which it is situated, has an obligation to intervene against police cases, according to the Constitution, this Statute and other legal provisions.
CHAPTER II. SUBORDINATION


Article 9. OF THE PRESIDENT. The President of the Republic as supreme administrative authority, is the superior commander of the National Police, attribution exercisable through the following instances:
a. The Minister of National Defence
b. The Director General of Police

ARTICLE 10 OF DEFENSE MINISTER. For the purposes of management and control, the National Police to the Minister of Defense.


ARTICLE 11. THE GENERAL DIRECTOR OF THE POLICE. The Director General of the National Police is appointed and removed by the President of the Republic. To Director General of the institution, it is required to be generally police officer in active service in the fields of urban police, rural police or judicial police.

ARTICLE 12 OF THE POLITICAL AUTHORITIES. The Governor and the Mayor are the first police authorities in the Department and the municipality respectively. The National Police will promptly and diligently execute the orders they, will render through the respective commander or his substitute.
Governors and mayors must design and develop comprehensive plans and strategies of security with the National Police, addressing the needs and circumstances of communities under their jurisdiction.

ARTICLE 13 OF COMMANDERS AND MUNICIPAL DEPARTMENTS. The operational control will be exercised by the departmental and municipal commanders.

ARTICLE 14. NATIONAL COUNCIL OF POLICE AND SAFETY. Hereby established a National Council of Police and Public Safety to perform the following functions:
- recommend State policies on security of the community, establishing plans and responsibilities among the various entities involved
- Adopt and provide measures to meet the needs of the National Police, for the effective fulfillment of its mission.
- Establish mechanisms and adopt internal review aimed to assess, monitor and improve service delivery.
- Coordinate and monitor the development of the various interagency actions, depending on the policies established in matters of police and public safety.
- Regular balanced way the double function carried out by the police in the areas of prevention and control of crimes and violations, and make recommendations relating to the police service and overall safety.
- Recommending policies and technical standards to ensure transparent, efficient and timely management of the information available in accordance with legal regulations.
- Request and address the reports submitted by the Director General of the National Police, making recommendations on them.
- Ensure that the police, as an organization of civil nature fulfills its essential to maintain the conditions necessary for the exercise of the rights and civil liberties, ensuring that the inhabitants of Colombia live together in peace order.
- To enact its regulations and exercise other functions which by its nature will apply.
ARTICLE 15.
FORMING. The National Council of Police and Public Safety consists of:
- President of the Republic
-
Government Minister - Minister of Defense
-
The Minister of Justice - the Director General of the National Police
- National Police Commissioner
-
a Governor - a mayor.
Attendance is personal and direct.
The Governor and the Mayor shall be appointed by the National Conference of Governors and the Colombian Federation of Municipalities, respectively. Your choice will be for a term of one year and may not be reelected for the legal period.
May invite the Attorney General's Office, the Attorney General and the Ombudsman. They may also be invited to participate in the Council, citizens, spokesmen for the unions, non-governmental associations or officials for reasons of the issue is to be considered are required by the President of the Republic.
The Council shall meet in regular session at least three times a year.

ARTICLE 16. POWERS AND DUTIES OF GOVERNORS AND MAYORS IN CONNECTION WITH POLICE COMMANDERS.
1. Propose measures and police regulations in accordance with the Constitution and the Law, the Departmental Assembly or the City Council, as appropriate, and ensure compliance.
2. Issue orders to the National Police pertaining to the service, through the respective commander.
3. Arrange with the respective Police Commander service urban and rural surveillance.
4. Promote in coordination with the Police Commander programs and activities aimed at strengthening respect for human rights and civic values.
5. Ask the commander of the police reports on the activities carried out by the institution in its jurisdiction.
6. Issue a concept regularly on the performance of the Chief of Police.

7. Convene and preside over the Council of Departmental or Municipal Security and develop plans for public safety and public order approving the respective Council.
8. Verify compliance with the National Police Code and regional codes, in knowledge and correction of violations by Commanders Station.
9. Request the change motivated Police Commanders holding that is in exercise of their functions.
10. Ask the competent authorities that disciplinary investigation officers, NCOs and officers serving in the respective jurisdiction.
11. Analyze the needs of the National Police and promote to the Departmental Assembly or to the City Council, as appropriate, the destination of budget allocations for this purpose. PARAGRAPH 1.
. the creation of committees at the departmental level, chaired by the Governor and further integrated by the commander of the police department and metropolitan where appropriate, the mayor of the capital city, two mayors and the Secretary of the Treasury Department is authorized, in order to analyze the national budget allocated to the unit and based on this request, through the competent authorities, the Assembly and municipal councils, the necessary budgetary support. PARAGRAPH 2.
. As established in the Constitution, for the preservation of public order and reinstatement where it has been disturbed, acts and orders of the President of the Republic shall be applied immediately and preferably on governors and mayors; as well as acts and orders of the governors will apply equally and with the same effect, in relation to the mayors.

ARTICLE 17. DUTIES AND OBLIGATIONS OF POLICE COMMANDERS IN CONNECTION WITH THE POLITICAL AND ADMINISTRATIVE AUTHORITIES AND TOWNSHIP DEPARTMENT.
1. Recognize the governor or mayor, once elected and posesionados.
2. Assume its role before the governor or the mayor, is destined once the relevant jurisdiction.
3. To submit to the governor or the mayor's plan security police in the respective jurisdiction, and the results of operations to combat crime in the department or municipality.
4. Report daily to the governor or the mayor on situations of public disorder in the jurisdiction and advise in solving them.
5. Regular and timely inform the governor or mayor, as appropriate, on foot movements of police force in the respective jurisdiction.
6. Departmental assist the Council or Municipal Security and execute the plans regarding the respective Council Police provided through the Governor and the Mayor. This assistance is delegated.
7. To provide support and advice to the governor or mayor in the implementation of the measures contained in the Codes of Police.
8. Mayor propose the closure of public establishments, in accordance with the provisions of the National Police Code.
9. For exceptional safety reasons, recommend to the Governor or the Mayor for approval, temporary traffic restrictions on roads and public spaces.
10. Submit reports to the mayor about deficiencies in public services.
11. Meet the requirements by which the governor or the mayor requested the initiation of investigations of a disciplinary nature against members of the institution, presenting the final results of such investigations.
TITLE III.

STRUCTURE AND FUNCTIONS CHAPTER I. GENERAL STRUCTURE


ARTICLE 18. STRUCTURE. . Effective Notes

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CHAPTER II.

FEATURES
ARTICLE 19. GENERAL FUNCTIONS. The National Police is instituted to protect all persons residing in Colombia, guarantee the exercise of civil liberties and the rights resulting from these obligations, provide the assistance required by the law enforcement and judicial and administrative decisions, and exercise , permanently functions: Judicial Police, for crimes and misdemeanors; education, through community orientation in regard to the law; prevention of the commission of offenses; solidarity between police and the community; care of the child, urban, rural and civic surveillance; coordination prison; and surveillance and protection of natural resources related to the quality of the environment, ecology and public ornamentation, in urban and rural areas.

ARTICLE 20.
DEVELOPMENT OF THE STRUCTURE. The National Government will develop the structure that Article 18 and the functions set forth in the preceding article based on criteria that meet the specialization of police career, effectiveness and development of mechanisms for community participation concerns.
TITLE IV.
MECHANISMS.

ARTICLE 21. NATIONAL COMMISSIONER. Create the position of National Commissioner of Police, which will aim to exercise surveillance and operational disciplinary regime and deal with complaints from the public, subject to the surveillance that corresponds to the control bodies.
The National Police Commissioner shall perform the duties of citizen oversight and monitoring of the disciplinary system and police operations, verifying strict compliance with laws, decrees, regulations, decisions, directives, regulations, orders and other regulations issued by the Director General for proper operation of the structural organizational units of the institution and this together.
These activities will comply with functional dependence of the General Directorate, operational and coordination in relation to the disciplinary system aspects.
The National Government will determine the structure of the office of the National Commissioner for the National Police, as well as the functions of his office. Effective Notes

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ARTICLE 22.
QUALITIES OF NATIONAL POLICE COMMISSIONER.
National Police Commissioner will be a plainclothes officer who meets the qualifications to be a judge of the Supreme Court. Effective Notes

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ARTICLE 23. APPOINTMENT OF NATIONAL POLICE COMMISSIONER. The National Commissioner of Police shall be appointed by the President of the Republic, from a list made by the National Police and Public Safety. The selection will be made in meeting that will not attend the Director General of the National Police. The Commissioner shall be discretionary removed by the President of the Republic. Effective Notes

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ARTICLE 24. FUNCTIONS OF THE NATIONAL POLICE COMMISSIONER. The functions of the National Commissioner of Police:
1. Analyze the universe of citizenship formulate complaints on the functioning of the police and propose policies and procedures to give them a proper course.
2. Receive and process complaints from the public and political authorities regarding the police service.
3. Being the highest body of internal disciplinary monitoring and control.
4. Order and supervise criminal investigations against members of the National Police for acts or acts committed during their service, in order to ensure prompt and effective justice.
5. Monitor the conduct of members of the institution, performing the necessary controls so that corrections are made, behaviors change and improve behaviors, all in order to guarantee performance, ethics, discipline and effectiveness, exercising disciplinary powers of according to the competition that sets the rules.
6. To ensure that operational activities are carried out within the framework of legality, in accordance with established plans, ensuring effective results in providing community services, and verifying strict compliance with the Constitution, laws, decrees, regulations, resolutions, directives, regulations, orders and rules for the proper functioning of the police units nationwide.
7. Submit an annual report to Congress.
8. Evaluate and make diagnoses on the problems of the institution and take urgent and effective measures for their solution.
9. Other inherent in the position and the procedures established by the Government functions. Effective Notes

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TITLE V. NATIONAL SYSTEM OF PUBLIC PARTICIPATION.

ARTICLE 25. NATIONAL SYSTEM. The National Police will develop a comprehensive national system of civic, institutional and decentralized participation, in order to strengthen relations between the citizen and the institution, establishing effective mechanisms to express themselves and are attended various pertaining sectoral and regional interests to serve police and public safety.



ARTICLE 26. NATIONAL COMMISSION POLICE AND CIVIC PARTICIPATION. Create the National Police Commission and citizen participation as a mechanism at the highest level responsible for guiding and supervising the relations between citizens, the National Police and the administrative authorities. This commission aims to meet the needs of different social groups regarding police issues, issue opinions on the set of procedural rules that regulate behavioral and services and promoting research institution that may apply.

ARTICLE 27. COMPOSITION. The National Police Commission and citizen participation shall consist of:
- The Minister of National Defence
- Minister or Ministers appointed by the President of the Republic under the circumstances.
- The Director of the National Police
- National Police Commissioner
- The Deputy Director of Community Participation
-
The Ombudsman - A Deputy Governor of the National Governors Conference .
- A Mayor delegated by the Colombian Federation of Municipalities
- President of the Federation of Non-Governmental Organizations
- A representative of the media.
- A representative of the union sector
- A union representative for each sector as well: trade, industrial and agricultural production and services and transportation.
- A representative of the peasantry designated by the respective organizations.
- A representative of indigenous communities designated by the respective organizations.
- A representative of black communities designated by the respective organizations.
- A representative designated by the communal movement
- A representative of universities
- A representative of the youth movements
- A representative of women's organizations
- A representative organizations Human rights
- a representative of organizations of educators
- a representative of the guilds of retired police.
- A representative organizations of the elderly.
- A representative of the physical limited.
PARÁGRAFO. The President of the Republic, by decree, determine the manner of selection of the delegates in those sectors that do not have established and endorsed the appointment of non-governmental representatives of civil society before the National Commission.

ARTICLE 28. FUNCTIONS. They are basic functions of the National Police Commission and Citizen Participation:
1. Propose policies to strengthen preventive action by police against society and prevent the commission of offenses and crimes by members of the institution.
2. Propose policies and mechanisms to determine priority ethical, civilian, democratic, educational and social orientation in the relationship Community-Police.
3. Supervise the formation and activity of the departmental and municipal commissions established in development of this law. The Government may suspend or dissolve such committees at any time for reasons of public order or when special circumstances so warrant.
4. Promote citizen participation in police affairs at the national, departmental and municipal levels.
5. Recommend mechanism design, plans and programs to ensure the commitment of the community to the police.
6. Channeled through the entire national system of citizen participation complaints and claims of natural and legal persons and the political authorities - administrative to the National Police Commissioner.
7. Propose and coordinate with the Ombudsman the development of educational programs in the community police and human rights.
8. Recommend development programs, health, housing, education and welfare of staff of the institution.
9. Tend because the staff of the National Police agents providing service in their regions of origin.
10. Recommend policies to ensure transparent, efficient and timely management of the information it collects and manages the police in areas of public interest.
PARÁGRAFO The Government will signal related and complementary to the above functions.

ARTICLE 29.
departmental and municipal commissions. In the departments, municipalities and localities that require it, there will be commissions citizen participation chaired by governors, mayors and authorities. The Government shall determine the composition of committees, prior opinion of the respective political and administrative authorities.

TITLE VI.
GENERAL PROVISIONS


ARTICLE 30. RELATIONS WITH THE MILITARY. In its relations with the Armed Forces, the National Police shall proceed in accordance with the constitutional and legal precepts.
ARTICLE 31. SUPPORT
departmental and municipal authorities. Departmental and municipal authorities may contribute to the acquisition of equipment, endowments, improving facilities, housing tax, logistical support and welfare of the National Police. They may also conclude agreements with the nation to improve public safety without prejudice to the obligations that apply to that.

ARTICLE 32. BUDGET RESOURCES. The national government will allocate the necessary fiscal resources to ensure immediate compliance with this law.
The National Government will establish guidelines and criteria under which Article 13 of Law 4 of 1992. The wage leveling agents with more than five (5) years of service will be developed will anticipate for 1994 and 1995. | ||
ARTICLE 33. SOCIAL SECURITY. Créase a Public Establishment of the national order to meet the social security and welfare for the National Police, under the Ministry of Defence, responsible for developing the following programs:
a. Health
b. Education
c. Recreation
d. own housing and housing tax
e. job retraining and subsidies for the physically disabled.

ARTICLE 34. SUPERINTENDENT OF PRIVATE SECURITY AND SURVEILLANCE. Create the Superintendence of Surveillance and Private Security under the Ministry of Defense.
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POWERS ARTICLE 35. EXTRAORDINARY. In accordance with section 10 of article 150 of the Constitution, revístese the President of the Republic of specific extraordinary powers up within six (6) months from the enactment of this Act, for the following purposes :
1. Amend the rules of career staff officers and agents of the National Police in the following areas:
a. Hierarchy, classification and ladder. As for officers and NCOs the Government will determine the hierarchical levels, classification and requirements for access to each of them.
As agents a ladder that allows greater motivation and better preparation agent, depending on experience, good performance and continuing education, which will be through refresher courses, periodic evaluations and promotions will be established at least every five years.
B. Staff Administration. It will take place in the following aspects:
-
Climbs - Destination -Transfers

-
Commissions and licenses - Selection and income. The minimum academic entry condition is the classic high school or its equivalent for any career. The minimum entry age is 18 years and a maximum of 24 years to agents.
A career agents may also enter the soldiers who have distinguished themselves during operation, without the requirement of high school. They may also be selected individuals up to 30 years for lifetime achievement in civic and social service activities like the Seine, Civil Defense, Fire, Red Cross, health, sports, recreational, ecological and the like, provided they are bachelors. There will be no discrimination for admission.
- Training. Training of staff of the institution should promote the assessment of the individual, in accordance with Article 7 of this law. As for the officers and NCOs also it will seek to increase the intensity and duration of the courses with the above-noted emphasis.
Regarding agents, the training course not less than 18 months, divided into four cycles: a first cycle of one year and three additional cycles two months after each of the years following the termination the first.
The promotions for officers and NCOs prior conducting refresher courses which are accentuated with greater intensity and emphasis and training basic principles of this Act will occur.
The Government shall determine for staff the number of degrees of the ladder, which is taken into account for wage levels.
He will seek to increase training periods in all grades and emphasize professional ethics, community relations, human rights, conservation of natural resources and public adornment. professional development will be intensified during races at all levels.
C. Suspension, removal, separation and reinstatement.
D. Reservations.

E. Standards for students in training schools.
F. Civic Police rules, in the form of volunteers.
2. Strictly subject to the provisions of Law 4 of 1992, wage leveling agents staff will anticipate and benefits conditions for widows, orphans and disabled will be restructured.
3. Modify the rules of discipline in the following aspects:
a. Rules on police ethics
b. Incentive arrangements and corrective
c. Fouls
d.
and disciplinary powers. Procedural rules
For the purposes of this section police standards and their relationship with the political and administrative authorities and the community should be noted.
4. Modify the evaluation and classification regulations for personnel of the National Police in the following aspects:
a. Scope: officers, NCOs, officers and civilians.
B.
C assessment. evaluators authorities and revisionary
d. Evaluation documents, forms and rules for filling out.
E. Classification
f. Ratings boards of officers, NCOs, officers and civilians.
G. Make a strict evaluation of all staff of the institution.
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6. Considering that the staff of the National Police is affiliated with the Military Housing Fund, modify it in the following aspects:
a. Definition, nature, organizational structure and functions
b. Management and administration
c.
Heritage and resources d. Administration and contributions
e. Interest and subsidies regime
f. Mechanisms that allow the productivity of their assets.
7. Determine the organizational structure, objectives, functions and sanctions regime of the Superintendency of Surveillance and Private Security.
8. Create a National Fund of Public Safety responsible for administering funds from private contributions. The national government will set the parameters for programming projects under these resources should develop departments and municipalities through the respective security funds.

ARTICLE 36. SPECIAL COMMITTEE. The boards of both chambers appoint a special commission composed as follows: Five (5) Senators and five (5) representatives, including speakers, in order to advise and assist the Government in the development of these powers, and Article 32 of this Law.

ARTICLE 37. EFFECTIVE DATE OF THIS ACT. This Act shall come into force from its promulgation and repealing Decree Law 2137 of 1983 (July 29) "by which reorganizes the National Police" as well as the provisions that are contrary.

TRANSITORY ARTICLE. To authorize the Minister of Defence for a term of six (6) months to take the necessary measures while the new structure of the National Police is adopted. The pension and retirement salaries shall be governed by the rules in force until the provisions that are ordered in this Law are issued.
The President of the Senate of the Republic,
TITO EDMUND WHEEL Guarin.
The Secretary General of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the Chamber of Representatives,
CÉSAR PÉREZ GARCÍA.
The Secretary General of the Chamber of Representatives, DIEGO VIVAS
TAFUR.
Republic of Colombia - National Government

published and execute Given in Bogota, DC,

César Gaviria Trujillo Government Minister,
FABIO RAMIREZ VILLEGAS.
The Ministry of Finance and Public Credit, RUDOLF HOMMES
RODRÍGUEZ.
The Minister of National Defence
RAFAEL PARDO RUEDA.



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