Citizen Services
Help for American Victims of Crime in ColombiaContact us
Business hours: 315-2149
After hours: 3150811
ACSBogota@state.gov
http://bogota.usembassy.gov
October 2008
Being the victim of a crime in a foreign country can be a devastating and traumatic experience. While no one can undo the emotional trauma, physical injury, or financial loss you may have experienced, the U.S. Embassy in Bogota is ready to help. We are very concerned about violent crimes committed against U.S. citizens in Colombia. We will assist you in managing the practical consequences of being a crime victim and provide you with information about accessing the local criminal justice system, as well as other resources for crime victims abroad and the United States. This office can assist you to find appropriate medical care, contact family or friends on your behalf and explain how funds can be transferred. We can also help you to better understand the criminal justice system in Colombia, which is very different from the system in the United States.
The information included in this guide related to the legal requirements in Colombia is provided for general purposes only. The information may not be accurate or relevant to a particular case. Questions involving interpretation of Colombian laws should be addressed to legal counsel licensed to practice law in Colombia. The investigation and prosecution of the crime is solely the responsibility of local authorities. Upon the request of the Colombian government, the Federal Bureau of Investigation (FBI) may assist local authorities in certain cases of kidnapping, hostage-taking and terrorism.
Reporting Crimes:
A crime should be reported to the appropriate Colombian authorities as soon as possible. A police report, known as a denuncia, may be filed at the nearest Unidad de Reacción Inmediata (URI) of the Colombian judicial authorities. You may also file a report 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. Also, it is best to file the report in the jurisdiction where the crime occurred, if possible. Be sure to receive a copy of the report before departing.
Often, the URI office will not have English-speaking staff so if the victim does not speak Spanish it is helpful to bring someone who speaks Spanish along.
The victim should file the report in person.
If you have difficulties filing your police report with an official, please contact the U.S. Embassy immediately. You may need a police report to file for crime victim compensation or insurance reimbursement. If you do decide to file a report please send a copy to us, along with your address and phone number in the event we need to communicate with you. While we are not authorized to act as your legal representative, our office can help you track the progress of your case and advise you of any developments.
URI locations in Bogota are listed below. If you cannot get to one of the below locations, ask a local police station for the location of the nearest URI location. If you have trouble locating a URI, you can also call the Embassy and we will assist you.
Bogota:
Unidad de Reacción Inmediata – URI Engativa
Carrera 77 A No. 78 A 62
Tel. 276-9892; 4302436
Unidad de Reacción Inmediata – URI Centro
Carrera 29 No. 18-45
Tel. 2971000, Ext. 3606
Cali:
Unidad de Reacción Inmediata – CALI
Calle 12 Carrera 14
Palacio de Justicia, Piso 1
Tel. 011-572-8833941
Medellin:
Unidad de Reacción Inmediata – Medellin
Calle 10 Sur No. 50 E 31, Of. 102
Tel. 011-574-3619166 – 3630110
Cartagena:
Unidad de Reacción Inmediata – Cartagena
Calle 66 No. 4-86, Piso 1, Crespo
Tel. 011-575-6580148, Ext. 4108
Kidnapping
A suspected kidnapping or hostage-taking should be reported to the Direccion Anti-Secuestro which is known as the Gaula. It should also be immediately reported to the US Embassy.
Dirección Anti-Secuestro (Gaula)
Carrera 7 No. 32-16, Piso 7, Bogota
Tel. 327-4600 / 327-4628
Investigations are conducted by:
Fiscalia General de la Nación (Attorney General’s Office)
Unidad Nacional Contra el Secuestro y Extorsión (GAULA)
Carrera 7 No. 32-16, Piso 7 y 8
Bogota, Colombia
jefatdiafe@policia.gov.co
For further information - www.policianacional.gov.co
Investigations:
A criminal investigation can be a long process, sometimes lasting many months, depending on the circumstances. Unfortunately, many 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. The Embassy encourages victims of crime to hire a private attorney to assist with the process. Information on attorneys is provided below. 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.
Arressts:
If the police decide that a criminal offense has been committed and have probable cause to believe that a particular person committed the offense, they will seek an arrest warrant from the Prosecutor’s office (Fiscalia). Police must have this arrest warrant in order to arrest a suspect. However, a warrant is not required to arrest criminals caught in the act or fleeing the scene of a crime.
The Colombian judicial authorities should inform you in writing when a suspect has been arrested. In actual practice, written notification may take several months.
The law requires law enforcement authorities to inform suspects promptly of the reasons for an arrest and bring suspects before a senior prosecutor for a preliminary hearing within 36 hours of detention. Prosecutors must rule on the legality of detentions within 72 hours. In the case of most felonies committed after January 1, 2008, formal charges must be brought within 30 days or a suspect must be released. A trial must generally start within 90 days of the initial detention. Habeas corpus is available to address cases of alleged arbitrary detention. Persons detained for a crime have the right to prompt access to counsel and indigent defendants charged with a crime are entitled to a court appointed attorney.
While individuals accused of lesser offenses have access to bail, it generally is not available for serious crimes such as murder, rebellion, or narcotics trafficking.
A convicted person has the right to appeal the sentence. However, the convicted person does not have the right to personally appear at the appeal hearing.
Attorneys:
As a victim of crime, you may want to consider hiring a local attorney to secure appropriate legal guidance. Local legal procedures differ from those in the United States. Although the Colombian judicial authorities are responsible for prosecuting your case, an attorney can promote your interests with the police and the court. While our office cannot recommend specific attorneys, we can provide you with a list of attorneys who have expressed interest in representing U.S. citizens. This list is available on the Internet at http://bogota.usembassy under “Other Resources.”
Victim Compensation in Colombia:
The government of Colombia does not provide monetary compensation to foreign victims of crime. However, an American citizen residing in Colombia, who is a victim of violence by illegal armed groups, may apply for compensation.
The name of the office of Victims Program in Colombia is “Agencia Presidencial para la Acción Social y Cooperación Internacional”.
Agencia Presidencial para la Acción Social y Cooperación Internacional
Calle 7 No. 6-54
Bogotá, Colombia
Tel. 5960800
Fax: 2844120
Website: www.accionsocial.gov.co
Embassy Location: Americans living or traveling in Colombia are encouraged to register with the U.S. Embassy through the State Department’s travel registration website so that they can obtain updated information on travel and security within Colombia. Americans without Internet access may register directly with the Embassy. By registering, American citizens make it easier for the Embassy to contact them in case of emergency.
The U.S. Embassy is located at Calle 24 Bis No. 48-50 in Bogotá. Calle 24 Bis is a small street near the intersection of Carrera 50 and Avenida Esperanza, with Calle 26 as another major nearby road. Look for the American Citizen Services sign at the gate. The entrance is on the opposite side of the Embassy compound from the entrance for visa applicants. During working hours, the ACS unit can be reached at (57-1) 315-0811. Our fax number is (57-1) 315-2196. We encourage Americans to email us at ACSBogota@state.gov. That email address is monitored daily. Complete information about our services and hours is available on our website at http://bogota.usembassy.gov.
Special Information for Cases of Sexual Assault and Rape:
Physical evidence is very important in sexual assault cases, and can deteriorate as time passes. As such, victims should not change clothes, avoid bathing if possible, and have a physical exam at the first opportunity. You should take these steps even if you are unsure about whether to report the crime to police. If you decide to pursue a prosecution at a later time, these steps preserve evidence that will assist the prosecutor. A consular officer or after-hours duty officer from the U.S. Embassy may be able to accompany victims of sexual assault for the medical exam. You should get medical attention to determine if you have been injured in any way and to discuss treatment and prevention options for pregnancy and sexually transmitted diseases. The U.S. Embassy can provide you with a list of local doctors.
In Colombia the legal definition of rape and sexual assault does not vary from region to region. Rape and sexual assault are characterized as acts performed with the use of force, weapons and/or intimidation by the assailant. It is often committed in isolated places, or when the assailants take advantage of the absence of surveillance and security measures. This may be a premeditated crime or crime of opportunity. In many cases the assailant remains unknown. The law provides for sentences ranging from eight to 15 years of imprisonment for violent sexual assault. For acts of spousal sexual violence, the law mandates sentences of six months to two years and denies probation or bail to offenders who disobey restraining orders.
Instituto de Medicina Legal y Ciencias Forenses (Forensic Institute)
Calle 7 A No. 12-61
Bogotá, Colombia
Tel. 4069977 – 4069944
Authorizes and performs forensic sexual assault exam in all cases of rape and sexual assault. The exam involves collection of blood samples, semen, or other substances, as well as a psychological and sociological evaluation. The victim may bring a family member or a witness to the exam, and a minor may be accompanied by a parent or guardian. There is no fee for the exam, because it is required as a part of legal process. If the victim refuses to take the exam, it may make a difference during the trial, as there will be no physical evidence for the legal process to consider. However, the medical exam is not necessary to file the charges. The victim can report the case to a Family Commissioner, Police or Unidad de Reacción Inmediata. Afterwards, the case is forwarded to Unidad Especializada en Delitos Contra La Libertad Sexual y la Dignidad Humana. The victim is interviewed by Colombian judicial officials, a psychologist and an investigator. The laws within the Colombian Criminal Code protect the identity of a victim of sexual assault, and the media must comply with the law.
The rape crisis hotlines: (operators speak Spanish only)
Instituto Colombiano de Bienstar Familiar (ICBF) - 018000918080 - 24 hours
ICBF provides psycho-social, medical, and legal support to victims of sexual violence.
Centro de Atención Integral a Victimas de Delitos Sexuales
Diagonal 34 No. 5-18, Tel. 2880557, 2324011
Special Information for Caes of Domestic Violence:
Domestic violence is a crime under the Colombian Penal Code. The National Constitution sets the guidelines for implementing prevention, solution and punishment of violence within the family. Domestic violence, including spousal abuse, remains a serious problem in Colombia. Judicial authorities may remove an abuser from the household and require counseling. Prison time is possible if the abuser causes grave harm or the abuse is recurrent; however, provisions for fines are generally not applied. The law stipulates that the government must provide victims of domestic violence with immediate protection from physical or psychological abuse. The ICBF provides safe houses and counseling for victims, but its services are dwarfed by the magnitude of the problem. In addition to fulfilling traditional family counseling functions, the ICBF family ombudsmen handle domestic violence cases. The Human Rights Ombudsman's Office conducts regional training workshops to promote the application of domestic violence statutes. If you need immediate assistance finding a place to stay the Embassy can also provide the names of hotels or a temporary shelter.
How can the victims obtain a restraining order?
Under Colombian law, every person, who is a victim of physical or psychological abuse, insult, offence or any other form of aggression within his/her family, can ask the family commissioner, the Civil Municipality or PROMISCUO Judge, for an immediate protective measure that helps to put an end to the violence or prevent its reoccurrence. The request for a protective measure can be made personally by the victim, any other person that acts on his/her behalf, or by the family commissioner when the victim cannot do it, in writing or verbally .
The request for protection measures has to state the following clearly:
a) Name of requester and identity card number, if possible
b) Name of the victim
c) Name of the perpetrator and his/her address
d) Report of the facts
e) Request for necessary evidence
A commissary or judge upon receiving the petition will issue a restraining order within four hours.
“ASEDIO”- harassment or stalking in Colombia has a political connotation. It is not considered to be a violent crime.
Point of contact to report domestic violence:
Local Police Stations
Instituto Colombiano de Bienestar Familiar 018000918080, 24 hours a day
The criminal report can be filed
-
at any URI
- the Prosecutor’s Office
- SAU or police officer and at the CAVIF located on Cra 13 # 18-38 First Floor in Bogota.
123 (equivalent of U.S. 911) in cases of security, fire, rescue, disasters, car accidents, public services emergencies (i.e. gas leaks, short circuits, etc), health emergencies, family violence