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In the midst of the demonstrations held this Wednesday in different cities of the country, called after an act of police brutality that ended the life of Javier Ordóñez, several cases of police abuse were known. According to the authorities, at least eight people died during the protests and there were around 140 injured.
Likewise, videos of people who were detained were known. So here we tell you what to do if you are detained in the middle of a protest.
(Can read: Video: Esmad agent fights with police to defend citizen)
The first thing to keep in mind is that social and peaceful protest is a fundamental right, recognized constitutionally. Additionally, this right to protest has two conditions: it must be peaceful and without weapons. If violent actions are carried out within the demonstrations, they can be punished.
Likewise, when they are in a demonstration, they must guarantee everyone the right to freedom to express and disseminate their thoughts and opinions.
It must also take into account that the Police and Esmad can only intervene to isolate the sources of violence and must respond in a proportional and rational manner.
(We suggest: New protests in Bogotá after the violent night on Wednesday)
What to do if they retain it?
The Center for Law, Justice and Society Studies – DeJusticia – made a guide with the steps to follow if you are detained in a demonstration:
1. If you are detained, ask the Police where they are going to take you.
2. Activate the location on your cell phone and send it by WhatsApp to a trusted person, and your ID number.
3. The Police must read you your rights.
4. The Police should let you make a call to a person close to you. You must inform him of the location and ask him to pick you up.
(Also: ‘The enemy is the vandal, not the Police’: Government to Claudia López)
5. If they do not let you make the call, try to contact someone who is in the place of the Procuraduría, Defensoría or Advocacy.
6. Try to memorize the badge or identification of the police officer in charge.
7. The retention to the Protection Transfer Center – CTP- is made for a maximum duration of 12 hours, which are suspended when a family member or friend assists you.
In what cases can they retain it?
1. You can be detained in two cases, according to the criminal procedure code: with an arrest warrant and for committing a crime in flagrante delicto. If you are detained without any of these justifications, it is an arbitrary detention.
2. You have the right to remain silent, to be informed of your rights and the charges for which you are detained. Also to make a phone call, according to article 303 of the code of criminal procedure.
3. In case of prosecution, the Police must take him before a guarantee control judge to define the legality of the capture. This, according to article 297 of the code of criminal procedure, must occur within 36 hours after the arrest.
(You may be interested in: Why does the mayor accuse the Police of ‘indiscriminate use of weapons’?)
4. If more than 36 hours have passed and you have not been presented to the judge, or the detention has no justification, you or a close person can present a ‘habeas corpus’ in front of any judge of the Republic to order your immediate release. In this case, since you need proof, DeJusticia’s recommendation is that you or someone close to you contact a lawyer.
5. You have the right to appoint an attorney. If you don’t have one, the state must provide you with a public defender free of charge.
It must be emphasized that the police cannot attempt against their physical integrity, as stipulated in articles 11 and 12 of the Constitution, which state that “the right to life is inviolable” and that “no one shall be subjected to forced disappearance, to torture. nor to cruel, inhuman or degrading treatment or punishment “.
(Don’t miss out on reading: There will be no curfew in Bogotá, but there will be prevention: Claudia López)
LUISA MERCADO
POLITICAL WRITING
Instagram: @ luisamercado1
Twitter: @LuisaMercadoD
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