相关规则
Colombia
Practice Relating to Rule 99. Deprivation of Liberty
Colombia’s Basic Military Manual (1995) provides: “It is prohibited to deprive [the civilian population] of its liberty (sequestration, enforced disappearances).” 
Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, p. 30.
Colombia’s Operational Law Manual (2009) states:
Arrest [of an individual] is the restriction of the constitutional right to liberty, which is realized in the physical apprehension of a person involved in one way or another in a criminal investigation and who must be brought immediately before the prosecutor. It is a restriction of the right to liberty as established in the Political Constitution and, in certain cases, the law, subject to compliance with the established requirements. 
Colombia, Manual de Derecho Operacional Manual FF.MM. 3-41 Público, Primera Edición 2009, Comando General de las Fuerzas Militares, aprobado por el Comandante General de las Fuerzas Armadas por Disposición Número 056, 7 December 2009, p. 125.
[footnote in original omitted]
Colombia’s Penal Code (2000) imposes a criminal sanction on anyone who, during an armed conflict, carries out or orders the illegal detention of a protected person. 
Colombia, Penal Code, 2000, Article 149.
Colombia’s Penal Code (2000), as amended in 2002, states:
Article 168. Simple kidnapping. The person who, with a motivation different from the previous article [extortive kidnapping], seizes, abducts, holds or conceals [another] person, shall be punished with imprisonment …
Article 170. Aggravating circumstances
16. [When committed against an] internationally protected person … under international humanitarian law …
… The penalties for the crime of simple kidnapping shall [be aggravated] … when one of the above-mentioned circumstances takes place. 
Colombia, Penal Code, 2000, as amended by Law No. 733 of 2002, Articles 168 and 170.
Colombia’s Criminal Procedure Code (2004) states: “Every person has the right to respect for his or her liberty.” 
Colombia, Criminal Procedure Code, 2004, Article 1.
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
Taking into account … the development of customary international humanitarian law applicable in internal armed conflicts, the Constitutional Court notes that the fundamental guarantees stemming from the principle of humanity, some of which have attained ius cogens status, … [include] the prohibition of arbitrary deprivation of liberty. 
Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment of 25 April 2007, p. 112.
[footnote in original omitted]
In 2010, in the Diego Vecino and Juancho Dique case, the Justice and Peace Chamber of Colombia’s High District Court of Bogotá convicted two members of the paramilitary group Autodefensas Unidas de Colombia (United Self-Defence Forces of Colombia) of several crimes committed against the civilian population. The Court stated:
V.2.5.1. Kidnapping in Mampuján
96. On 10 March 2000, members of the Montes de María bloc, through resort to violence and with firearms used exclusively by the military forces, detained inhabitants of the town of Mampuján against their will … in order to obtain from them indications on how to get to Yucalito, where they were directed. These inhabitants were to be later released, before the morning of 11 March 2000.
V.2.5.2. Kidnapping in Isla Múcura
104. Article 168 of Law 599 of 2000 [Penal Code] … describes the crime of simple kidnapping as follows: “The person who, with a motivation different from … extortive kidnapping, seizes, abducts, holds or conceals another person shall incur a prison sentence of 10 to 20 years and a fine … ”.
105. On 19 April 2003, Uber Banquez Martínez, following direct orders from alias “Cadena”, obeying Carlos Castaño, organized a group of heavily armed men and sent them to Isla Múcura to kidnap a businessman, who was not found to be there when the group arrived at its destination. The group then kidnapped people they found at the destination … who were then kept in the hands of the self-defence group for several days.
108. … 16 people were detained by members of the United Self-Defence Forces of Colombia who were part of the Montes de María bloc: seven inhabitants of the town of Mampuján, who were kept in their hands from the night of 10 March 2000 until half-past-six in the morning of 11 March 2000; similarly, nine citizens found in Isla Múcura were retained on 19 April 2003 and kept in the hands of the self-defence group for three days, when they were restricted in their movement against their will. Therefore, it is found that the crime of kidnapping had been committed. 
Colombia, High District Court of Bogotá, Diego Vecino and Juancho Dique case, Judgment, 29 June 2010, §§ 96, 104–105 and 108.
Regarding the responsibility of the defendants, the Court held:
In summary, these demobilized individuals are convicted of grave breaches of international humanitarian law because, as participants in an armed conflict, they attacked the civilian population by displacing it from its territory, taking the lives of non-combatants and pillaging its property after the incursion. However, owing to the limitation imposed by the principle of legality and considering the date when the acts took place, the offences are considered as ordinary crimes. [The accused] are also convicted of crimes against humanity because their punishable conduct was not isolated. 
Colombia, High District Court of Bogotá, Diego Vecino and Juancho Dique case, Judgment, 29 June 2010, § 144.
[footnote in original omitted]
In 2009, Colombia’s National Council for Social and Economic Policy approved a policy on the Consolidation of Mechanisms for the Tracing and Identification of Disappeared Persons in Colombia. The Policy states:
[I]t is possible to establish a set of State obligations to be observed by the tracing and identification mechanisms for persons disappeared as a result of the violence. …
- Deploy the necessary investigative, operational, technical and scientific capacity to:
- terminate the unlawful deprivation of liberty, when it is established that disappeared persons are in this situation. 
Colombia, National Planning Department, National Council for Social and Economic Policy, Consolidation of Mechanisms for the Tracing and Identification of Disappeared Persons in Colombia, CONPES Document No. 3590, 1 June 2009, p. 24.
The Policy also states:
The disappearance of a family member, and thus not knowing their fate or whereabouts, has psychological, economic, social and legal consequences that extend even to whole communities and affect their ability to face the past and take part in a lasting peace and reconciliation process. These disappearances are usually associated with violations of human rights and international humanitarian law[.] 
Colombia, National Planning Department, National Council for Social and Economic Policy, Consolidation of Mechanisms for the Tracing and Identification of Disappeared Persons in Colombia, CONPES Document No. 3590, 1 June 2009, pp. 33–34.
Colombia’s Operational Law Manual (2009) states:
Arrest [of an individual] is the restriction of the constitutional right to liberty, which is realized in the physical apprehension of a person involved in one way or another in a criminal investigation and who must be brought immediately before the prosecutor. It is a restriction of the right to liberty as established in the Political Constitution and, in certain cases, the law, subject to compliance with the established requirements.
There are different ways to arrest a person, as explained below:
a. Arrest by court order:
- Members of the Armed Forces can carry out arrests following a court order.
b. Arrest in flagrante:
- Arrest in flagrante means catching one or more persons in the act of committing an offence or immediately afterwards, regardless of whether [the act is] carried out in the presence of persons or witnessed through technical means.
c. Arrest by exceptional order of the Attorney General:
Exceptionally, in cases where preventive detention is appropriate, the Attorney General of the Nation or his or her respresentative may issue a written and reasoned arrest warrant. [This situation occurs] when there is no judge who can issue the warrant, as long as there is sufficient proof, evidence or information that allows one to reasonably conclude that the suspect is the author or participant in the conduct under investigation and as long as:
(i) there is an imminent risk that the person leaves the place where the investigation is taking place;
(ii) there is a well-founded probability of altering the evidence;
(iii) there is a danger to the safety of the community or the victim.
Once the arrest has been made, the person will be brought before the supervisory judge following the same procedure as for arrest by court order.
d. Operational procedure for arrest
When the arrest takes place, a procedure must be followed that includes certain steps:
- summons to detain or arrest;
- identification of the arresting officer;
- use of a badge, ID card and uniform;
- approach and immobilization of the person to prevent his or her escape;
- provision of humane and dignified treatment;
- full identification of the arrested person and verification that he or she corresponds to the person to be arrested;
- immediately inform the arrested individual verbally and in writing:
(ii) of the right to indicate a person to whom his or her arrest should be communicated, leaving a record that the communication took place: the official responsible for the arrested individual shall immediately communicate the arrest to the person indicated.
- completion of the form “Acts of the rights of the captured” …
- a medical assessment, where possible;
- every arrest should be reported immediately to the superior who must communicate it to the Judicial Police;
- the Judicial Police and the First Responding Authority responsible for the arrest must execute and formalize all the proceedings to verify the lawfulness of the arrest. 
Colombia, Manual de Derecho Operacional Manual FF.MM. 3-41 Público, Primera Edición 2009, Comando General de las Fuerzas Militares, aprobado por el Comandante General de las Fuerzas Armadas por Disposición Número 056, 7 December 2009, pp. 125–130.
[footnotes in original omitted]
Colombia’s Criminal Procedure Code (2004) states: “Nobody’s right to personal integrity and liberty may be infringed except by virtue of a written order by a competent judicial authority, established in accordance with legal procedures and for reasons previously established by the law.” 
Colombia, Criminal Procedure Code, 2004, Article 2.
Colombia’s Operational Law Manual (2009) states:
Arrest [of an individual] is the restriction of the constitutional right to liberty, which is realized in the physical apprehension of a person involved in one way or another in a criminal investigation and who must be brought immediately before the prosecutor. It is a restriction of the right to liberty as established in the Political Constitution and, in certain cases, the law, subject to compliance with the established requirements.
d. Operational procedure for arrest
When the arrest takes place, a procedure must be followed that includes certain steps:
- immediately inform the arrested individual verbally and in writing:
(i) of the act attributed to him or her and the reason for the arrest, as well as of the official who ordered it, or the in flagrante conditions in which he or she was caught. 
Colombia, Manual de Derecho Operacional Manual FF.MM. 3-41 Público, Primera Edición 2009, Comando General de las Fuerzas Militares, aprobado por el Comandante General de las Fuerzas Armadas por Disposición Número 056, 7 December 2009, pp. 125 and 128.
[footnote in original omitted]
Colombia’s Instructors’ Manual (1999) provides: “Persons in preventive detention shall be brought before a judge in the 36 hours following [arrest].” 
Colombia, Derechos Humanos & Derecho Internacional Humanitario – Manual de Instrucción de la Guía de Conducta para el Soldado e Infante de Marina, Ministerio de Defensa Nacional, Oficina de Derechos Humanos, Fuerzas Militares de Colombia, Santafé de Bogotá, 1999, p. 10.
Colombia’s Operational Law Manual (2009) states:
Arrest [of an individual] is the restriction of the constitutional right to liberty, which is realized in the physical apprehension of a person involved in one way or another in a criminal investigation and who must be brought immediately before the prosecutor. It is a restriction of the right to liberty as established in the Political Constitution and, in certain cases, the law, subject to compliance with the established requirements.
d. Operational procedure for arrest
When the arrest takes place, a procedure must be followed that includes certain steps:
- the apprehended individual must be taken immediately to the Attorney General’s Office or to the Military Criminal Justice, depending on the authority that issued the arrest warrant;
- in cases of in flagrante arrest, the person must always be brought before the Attorney General’s Office. The arrest must be legalized immediately and in any case may not take more than 36 hours from the time the individual is physically apprehended. Within those 36 hours, all the proceedings leading to the verification of the legality of the arrest by the supervisory judge must be completed;
- it should be noted that there is a special regime for the arrest of minors, which differentiates between minors under the age of 14 and adolescents between the ages of 14 and 18. Minors under the age of 14 must be handed over to the juvenile judge immediately and at the latest within 36 hours of their arrest, and may not be deprived of their liberty;
- as for adolescents, they must be brought immediately before the prosecutor delegated to the juvenile criminal court, who will bring them before the supervisory judge. …
every arrest should be reported immediately to the superior who must communicate it to the Judicial Police[.] 
Colombia, Manual de Derecho Operacional Manual FF.MM. 3-41 Público, Primera Edición 2009, Comando General de las Fuerzas Militares, aprobado por el Comandante General de las Fuerzas Armadas por Disposición Número 056, 7 December 2009, pp. 125 and 128–129; see also p. 140.
[footnotes in original omitted]
The manual also states:
c. Arrest by exceptional order of the Attorney General:
Exceptionally, in cases where preventive detention is appropriate, the Attorney General of the Nation or his or her representative may issue a written and reasoned arrest warrant. [This situation occurs] when there is no judge who can issue the warrant, as long as there is sufficient proof, evidence or information that allows one to reasonably conclude that the suspect is the author or participant in the conduct under investigation and as long as:
(i) there is an imminent risk that the person leaves the place where the investigation is taking place;
(ii) there is a well-founded probability of altering the evidence;
(iii) there is a danger to the safety of the community or the victim.
Once the arrest has been made, the person will be brought before the supervisory judge following the same procedure as for arrest by court order. 
Colombia, Manual de Derecho Operacional Manual FF.MM. 3-41 Público, Primera Edición 2009, Comando General de las Fuerzas Militares, aprobado por el Comandante General de las Fuerzas Armadas por Disposición Número 056, 7 December 2009, p. 127
[footnotes in original omitted]
Colombia’s Basic Military Manual (1995) provides:
The work undertaken by persons who cooperate with those who are deprived of their liberty in order to invoke the right to habeas corpus, or who invoke this right directly in their name, finds its legal basis in their status as human rights defenders. 
Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, p. 62.
Colombia’s Operational Law Manual (2009) states:
Arrest [of an individual] is the restriction of the constitutional right to liberty, which is realized in the physical apprehension of a person involved in one way or another in a criminal investigation and who must be brought immediately before the prosecutor. It is a restriction of the right to liberty as established in the Political Constitution and, in certain cases, the law, subject to compliance with the established requirements.
d. Operative procedure for capture
When the arrest takes place, a procedure must be followed that includes certain steps:
- in cases of in flagrante arrest, the person must always be brought before the Attorney General’s Office. The arrest must be legalized immediately and in any case may not take more than 36 hours from the time the individual is physically apprehended. Within those 36 hours, all the proceedings leading to the verification of the legality of the arrest by the supervisory judge must be completed;
- the Judicial Police and the First Responding Authority responsible for the arrest must execute and formalize all the proceedings to verify the lawfulness of the arrest. 
Colombia, Manual de Derecho Operacional Manual FF.MM. 3-41 Público, Primera Edición 2009, Comando General de las Fuerzas Militares, aprobado por el Comandante General de las Fuerzas Armadas por Disposición Número 056, 7 December 2009, pp. 125 and 128–130.
Colombia’s Law No. 1095 (2006) states:
Habeas Corpus is a fundamental right as well as a constitutional action which protects personal liberty if a person is deprived of his or her liberty in violation of the constitutional or legal guarantees or for a prolonged period of time. This action may only be invoked or initiated once and in deciding this matter the principle pro homine must be applied. 
Colombia, Law No. 1095, 2006, Article 1.