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THE DEFENDER OF THE PEOPLE

"The figure of defender of the people, they have mentioned previously, has its origin in the figure of the Ombudsman provided by the Swedish legal system, the first official appointed by the king and later by the parliament, had as a function of supervision and oversight on compliance with the law and as a result of complaints from citizens. He could denounce abuses of power and to propose formulas for solving them " ²⁶

In Colombia, this figure was provided by the constitution of 1991. The Defender of the people is elected every four years, the House of Representatives within a set given by the President of the republic must be Colombian birth, a lawyer by profession, with an excellent reputation, with no criminal record with more than 10 years of professional experience.

The Defender of the People shall exercise his duties under the direction of the Attorney General of the nation, and officials working for the Defensor del Pueblo are appointed by the national government. "Its functions are defined as follows: the first will be an educational function, tending to raise awareness and promote the application and respect for human rights, and the second will be to protect citizens, as a mediator between them and public administration, creating links and connections, he can bring, when it considers it appropriate, actions to protect the individual, group and habeas corpus in favor of specific persons. Last function is the formation of public opinion, since the defender has the power of public denunciation, to be the bearer of the difficulties which interpose themselves to the realization of human rights " ²⁷

Amid the horror of the conflict in recent years, the Defensoría turned his force towards the search for institutional mechanisms to improve the situation of vulnerability in which is the civilian population. In 1998 he was activated "SISTEMA DE ALERTA TEMPRANA (SAT)" (early warning) , a tool to repel the attacks and threats to civil society groups from the edge of the law, having as main objectives the prevent massive violations of human rights and above all avoid the forced depopulation * , The SAT: "identifies and assesses the different situations of risk to the civilian population, resulting from armed conflict, and seeks to inform in advance competent authorities on the possibility that happen massive violations of fundamental rights. The SAT analyzes the events and the unfolding of the armed conflict, the specificities of each region or location, the type of violence and armed actors who exercise control over the population, the various interests that may influence the actions of the actors irregular factors Vulnerability and security in society " ²⁸

The Alerta Temprana (AT) are the mechanism by which the SAT begins, is in a communication to authorities characterized by:

• A certain degree of alarm and references clear and specific location of the places to which it relates;
• The description of the specific risk of violation of human rights;
• L ' identification of illegal actors in the area;
• The identification of social groups located on the territory and population at risk;
• The level of attendance at the nearest police and the forthcoming to suffer any kind of massive infringement.

This alert system is based on a rigorous process of receiving, verification, analysis, evaluation, classification, reporting and monitoring of events, involving a team operational and institutional. The SAT has established and cataloged different degrees of danger, for Alertas Tempranas (AT) based on proximity and imminence of risk, as well as the specific characteristics of the environment concerned, the prospect of an armed conflict. On the basis of all these indications have been identified three levels of alarm:

• THIRD GRADE : when they are evidence of the threat of an attack on the community. It could be graffiti, leaflets, intimidation coming from armed groups, reports of other nearby communities, information on the possibility of imminent attacks do not be born or the sake of argument between the groups;
• SECOND DEGREE : when the information indicates the greater proximity of an attack, with more precise but not imminent threat. There may be threats made, disputes over illicit crops or other type of redundancy economic zone, accident neighborhood, announcements of future attacks or blackmail to the community that is forced to adopt certain behaviors:
• FIRST GRADE : when the odds of an imminent attack are very high, accompanied by threats made by ultimatum, the need to evacuate the population, destruction of property of the community, fighting and attacks against the population, the presence of groups on grounds of dispute established.

It 'important to understand the value of these alarms, as the system does not replace the authority administrative, but merely to provide effective information on threats to human rights violations. The SAT can not legally or judicially, forcing institutions to take on responsibilities and to respond, or act directly or providing humanitarian assistance, much less try to coordinate the government response. The AT, however, can take the value of documentary evidence in respect of monitoring bodies and international organizations, if here we should proceed to court for failure.

The TA is divided into two categories: risk information who experience on possible violations that happen and massive violations of international humanitarian law and notes below , instead inform about the persistence of el'esarcerbazione risk situations previously perceived and reported previously, so for completeness we note the amount of communication involved in the last 5 years.

SAT	risk information	notes below	AT TOTAL	municipalities involved
2005	65	31	96	127
2006	51	38	89	134
2007	38	52	90	165
2008	32	39	71	145
2009	31	35	66	143

The constitution recognizes as well as a large group of rights, recognized social groups such as indigenous and Afro-Colombians, were previously on the margins of society, incorporating new mechanisms of protection of fundamental rights and defined as rights, many issues that were the basis of political controversies, such as the right to peace. The recognition of these rights and many led to the decline of popular demands for political or social value, creating an environment where the economic and social development can not be achieved through the democratic demand but, indirectly, according to court rulings.

Therefore, this system provides for the constitution of '91, in addition to Alertas tempranas, there are several other innovative, creative, participatory , well structured, but this "beautiful creation of rights" , as it is called, is not very effective or useful deterrent to acts against human rights as demonstrated by the well-known results. Leaves a bad taste in my mouth to know that last statement by counsel for the people dated November 16, 2010 says last week there were EIGHT Massacre in five different regions of the country. I leave you, at this point, make an impression your words because I do not bastanno.

Unfortunately, all these tools are harmless, unable to affect people's lives and the more they are unable to bring down violations committed by of the different actors are the state, guerrillas or paramilitaries, against the only real victim of the Colombian conflict: the civil society.

In suspected risk factors that lesionanno human rights defenders in the identified different groups. The FARC (Armed Forces of Colombia-rivolucionare guerrilla group), the ELN (National Liberation Army-guerrilla group), the AUC (United Colombian-self-defense paramilitary group) and other armed groups ilegal (Ogai in English), who its appearance in scalation propio years to life where the Law of Justice and Peace (Justicia y Paz) in order to smovibilitare the paramilitaries of the AUC. Such as: Autodefensas Gaitanistas de Colombia, Aguilas Negras, Los Urabeños, Los paisas, Los Rastrojos, Ejército Popular Revolucionario terrorism (ERPAC), Oficina de Envigado, Frente Cacique Pipintá, La Cordillera, Autodefensas del Llano, Organización Nueva Generación and other groups.

So in the graph below we see how this situation of decreasing risk information by the AUC is increased exponentially from those of Ogai, without explanation "apparent"

In view of this, in these 15 years nearly a million and a half measures of protection, which have highlighted important issues The Court Constitutional sought to defend at all costs, ethnic minorities, trade unionists, students, indigenous people, women, religious minorities, homosexuals and even the street vendors, also making the decriminalization of euthanasia and drug use . All of these interventions in law and thousands of judgments, can not diminish the enormous humanitarian catastrophe that the country is facing with its nearly three million people evacuated, the countless daily massacres and extrajudicial executions incalculable. The last government tried to convince the international and internal to the country that there is at least the "will" to change things, but unfortunately all the victims, even if silent, reveal an inefficient state.

All tools furnished by the paper magna in complete good faith for the constituent assembly, the advertising weapons are now only state in defense of human rights, in international organizations and non-governmental.

Non-governmental organizations will denounce the inefficiency and stressing the absolute impunity, in the field of rights, Colombian state, which is the main cause and perpetrators of abuses by its military or paramilitary forces (no longer a secret that the two groups there is a very close relationship), becoming one of the greatest violators of human rights worldwide.

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2.1.3 2.1.2: Constitutional Court

THE CONSTITUTIONAL COURT.

I L July 4, 1991, the Colombian Constitution established by Article 241, within the judicial branch of public power, the Constitutional Court, giving it the task of upholding the Magna Carta.

L to the Constitutional Court has to decide:

1. S ulle requests and questions of constitutionality promoted by the city against the laws, decrees having the force of law dictated by government legislation and constitutional reform;

2. decide on the constitutionality of the convocation of a referendum or a constituent assembly to reform the constitution;

3. decide on the constitutionality of the referendum on laws, plebiscites and popular consultations of national order;

4. Run the constitutional check on legislative decrees dictated by the government to resort to states of emergency.

5. final decision on the objections unconstitutional for the government formula against bills, and to decide on an integral and preventive statutes approved bills to the parliament.

6. Decide on the enforceability of international treaties signed by the Colombian state and the laws that have ratified in accordance with Article 86 of the constitution.

7. recognize the legal decisions related to the action of protection.

The constitutional jurisdiction of the Court as a guide, the authorized interpreter of his condition, case law establishes rules for the application of the rules contained in the paper magna. * The Constitutional Court can review the judgments, with the aim to unify and meet the Constitutional Court, even those among the many principles of equality and legal security .

L 'ACTION FOR PROTECTION.

L a Colombian charter ensures that, through the action of protection, which is one of the most effective, the right to immediate judicial protection of rights of '91 fondamentali.La Constitution does not state clearly which and how many there are fundamental rights, must therefore be interpreted as a vast catalog open when we find a restrictive list within a specific standard, in accordance with the Constitutional Court (Case T-214 of July 10 of 1992) the "fundamental" value of a right will be determined on a case by case basis.

Article 2 of Decree 2591 of 1991 said:

" La acción de protection ²² garantiza los derechos constitucionales fundamental. When a custody decision concerns a right not expressly stated in the Constitution as fundamental, but whose guardianship naturalezza allow for specific cases, the Constitutional Court will give priority in the review of this decision. "

L 'azione di allora sarà protection concepita eat a strumento.

· Subsidiary: being applicable when there is no other means of legal defense.

· immediate: since its purpose is to give a rapid response to the protection and urges that the subject requires.

· Simple: there are no difficulties in implementing it.

· specification: it is the only effective protection of rights fundamental.

· Effective: asking a judge to study the situation thoroughly, before promulgating the verdict.

L 'action in the constitutional order of protection was prepared as a Colombian judicial proceedings subsidiary, and remaining independent, to facilitate the judicial review of acts and omissions committed drawn up by the public and private powers which could adversely affect the rights foundation, which is why the Constituent Assembly entrusted the task to all national courts - except and criminal-military and the indigenous jurisdiction and the justices of the peace.

The protective action is brought by the court in the place where the events occurred and, if the city considers it necessary, may request the presence of the Defender of the People ( this figure will be explained later). Considered the number of actions to protect the defender of the people who could not attend, instruct the defenders or regional Personeros municipales, a strange figure, but attributed by the Colombian providing protection actions can be interposed by the representatives.

statistics on the number of actions to protect submitted from 1992 onwards, as if they can see in the following table and graphs, they point out, not only the growth in the use of this mechanism as well as the tutelas, Sianne mainly used to guarantee the right to health. For example, in 1993, the first protections were interposed to the interference with the right to a pension fund duly closure of the National Social Forecasting (CAJANAL) and from 1995 onwards, they begin to have recourse to appeal against abuse committed by law 100 of 1993, where he was the law established a system of competitive health (U.S. type) that if revealed to the inefficient to solve the problem of lack of health services and the situation becomes even more serious with each passing years.

N she attached table indicates the number of presidential terms because it is considered important to study and to point out, as at specific stages of specific governments and presidents, the actions of protection and splosiva Sianne climbs so will the analiza Chapter 4 and explained in more detail.

Shares of Total Protection + Action protection for the right to health
PERIOD 1992 - 2009
sources: the Constitutional Court, Ombudsman

As can be seen in Table 2, "in 1996, 31,248 verdicts, corresponding to 79 actions to protect every 100 000 inhabitants, while 143,887 verdict in 2002 corresponds to a rate of 335 measures of protection for every 100 thousand inhabitants." ²⁴ We can say that, for the effectiveness and the promptness of the responses of court officials, the action of protection is widely used and well-established in Colombian society. Most of the measures of protection starts from the lack of response to requests from citizens to public authorities for inefficiency in service delivery, public authorities unnecessary delay in resolving complaints, the problems of speed, high cost of the action the ordinary justice as a corrective mechanism for violations of rights. In particular, the actions are related to the protection of labor rights, the payment of salaries, redundancies, social security (health).

Shares of Total Protection + Action protection for the right to health
PERIOD 1992-200 9

In 2005, the Organization of Ibero-American Social Security (OISS) reported that in Colombia were presented annually, on average, from 50 thousand to 60 thousand shares of protection, about one every 4 or 5 minutes, 80% of these protections were against public institutions and more than 75% were related to health . In the same year, the Defensor del Pueblo had another type of study ²⁵ , the actions of protection of health , who get next links in the Defensoría in its duty to defend the rights, studies since 1999 and is a privacy protection and particular area, which covers health, revealing the following data:

Source: Defensor del Pueblo.
http://www.defensoria.org.co/red/

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2.1. Colombian institutional framework for the defense and protection of human rights.

"One thing is the declaration of their rights is another guarantee" ¹⁹ . Internationally the United Nations General Assembly is responsible for protecting, promoting and defending human rights, in particular, the Commission on Human Rights, based in Geneva, studying the cases of violation and propose them for discussion and resolution in the Assembly General. In the Americas we have the Commission and the Inter-American Court for Human Rights.

In a strange twist of fate, however, in Colombia there is no central body for dealing with human rights, but a long list of institutions each with a well-defined tasks for the protection, dissemination, promotion and protection of human rights as defined by the 1991 Policy Paper. The question now is: What is the use of such a massive number of institutions that effectively do not bring no benefit and no reduction of the victims?. For completeness, it has the organization of institutions, in order to understand the complexity of their task and their inefficiencies.

By the 1991 constitution, which present a mention in the previous pages, and to focus more in depth study, evidence is what is known as the Public Ministry, composed of the Attorney General, the Defensor del Pueblo and Personerias municipales, these agencies were created to watch over citizen, his rights and fulfillment of duties of civil servants. The executive have also Consejero Presidencial para los derechos humanos, providing guidance or advice to government on policies and procedures that ensure the respect, promotion and defense of human rights in the country.

The Constitutional Court, must ensure the integrity of the political map and study the constitutionality of international treaties and laws, the CC revisions to sample some of the verdicts issued by different courts regarding measures to protect the 20, with the aim to unify the criteria for the protection of fundamental rights by referring to constitutional requirements.

The Public Ministry, reorganized with the Magna Carta, is made by the Attorney General and the Defensor del people. The Attorney General is responsible for ensuring the conduct of the public officials and civil servants - including police, soldiers and members of the intelligence services - as well as investigate their actions, may sanction disciplinary action when acting against the law, to carry out its duties, the prosecution attorney is divided into regional, district, provincial and delegated.

The Defensor del Popolo has a mandate to oversee the promotion, use and dissemination of human rights. In each municipality, the principal role in the protection and defense of fundamental rights is entrusted to the municipal personer (in Italy are comparable to the figure of the ombudsman), who have the status of public officials and are elected by the Board Hall for a period of three years.

With the 1991 Constitution was instituted Fiscalía General de la Nación, with tasks and with the judicial function to investigate a wide range of criminal offenses committed in the country, try to offer people a complete and effective administration of justice. The Fiscalia was asked to carry out preliminary investigations and the investigation stage, inside, was also established, the United National Human Rights to investigate cases of serious violations of human rights and international humanitarian law.

The constitution also provides for the protection and defense of human rights, a set of legal instruments such as differentiated by Professor Esguerra:

"The majority of security tools is conceived as dynamic mechanisms of a procedural nature in order to rely on coercive rights wronged, to remedy or compensate the damage. These tools are, so to speak, so to speak, self-sufficient, in practice they are capable of obtaining the desired effect with their own dynamics: the protection of the law. In the legal system Colombian find: a) public action of constitutionality b) actions of administrative litigation, c ) the administrative appeals, d) the protective action, which will be explained further below, s) actions of fulfillment, f) popular actions, g) group actions and h) the exceptions of unconstitutionality And i) provisional suspension .

Secondly, we will find static tools, designed with the aim of making the formulation more robust rules of one or more rights, so to achieve its full implementation, these tools will find me in the form of a solemn declaration or in the form of prohibitions, even more simply in the form of reaffirmation or recurrence of a right. In the Colombian constitutional law is part of the proscription of the death penalty J, exile K , life imprisonment L and confiscadei beno M, censorship N, 's habeas corpus O , habeas data P " .

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2. REALITY 'FORMAL physical or virtual?

Per Jean Michel Blanquer, the magna carta colombiana " may be considered one of the most" progressive "world . It opens with a declaration of rights that tries not to forget all the rights expected in a modern society and sometimes the benefits expected from life ... It promotes a modernization of political life. It sophistry the judicial system and ensures the rights guaranteed by the creation of a Constitutional Court and the possibility of a direct appeal to the court in case of violation of human dondamentaux: protective action. Undoubtedly, the British went from a legal paradigm, that of the 1886 Constitution, based on centralization and authority to another, that of human rights and the legalization of social relations " 18

The costituzione politica colombiana, tutto il possibile per FEE make human rights a priority, incorporated into Title II, Chapter One, under " de los derechos fundamentales" ( Art 11-41); in these articles will find the freedom of security (defense in the sphere of action ' individual) and the freedom to participate (to choose and be chosen). the need to meet their individual needs f itself as subject appears in Chapter Two "De los derechos sociales, economicos, culturales y" (Art 42 to 77), whose content is not fully consistent, since materials include that are connected with these rights, but general statements. In the third chapter we find "De los derechos colectivos y of the Environment (Art. 72-82), in the fourth chapter " De la PROTECTION aplicacions de los derechos y " (Art 83-94) and in the fifth chapter " De los derechos obligaciones y " (Arts 95). Realizing so the three generations of rights: the 1st, of civil and political rights enshrined in the Declaration of 1789, the 2nd, that of economic, social and cultural Marxist and 3za, rights call solidarity.

Unfortunately, talking about human rights in Colombia has become a speech served in the conflict, we come to the conclusion almost unique existence of a gap between what they are and what they should be, each of the actors flaunting them and declares to be the guarantor and protector, but in fact merely impeach others, does not recognize its responsibilities, let alone accounts for its victims

The Colombian society has discussed the topic to the fatigue of human rights are so great dismay and bewilderment that the rights processed and appear unrealistic, as a 'utopia. Consider utopia of democracy and justice in our country is left with the hope that one day will end the war and the fine words will be realized.

At this point of conflict, where the insensitivity is that the actors, and we see a difficult path to the output in current conflict, the human rights discourse continues and will continue to be perennial topical, but it is necessary to give them back their sense, find out why now is not taken into consideration not only in our conflict, but throughout the world.

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1.3.1 COLOMBIAN CONSTITUTION: 1991. Bibliography

"With the CONSTITUTION of 1991, often regarded as a peace treaty with

the M-19, the British made a mental shift and normative. Based on this

constitution and with the decisive impetus for the new Court

constitutional, democratizing the state's conception of law in war.

In contrast, the armed actors, rebels and anti-guerrilla forces,

mark their actions signets of deregulation and breach of

principles now universally enshrined, and mandatory

for all parties. " 17

Questa Costituzione effettuò a cambio del diritto nella Concezione costituzionale.I previous Storici, che è bene Ricordare to finalize and to lay the groundwork for the next chapter, are the reasons that lead to a new constitutional text.

was during the administration of Virgilio Barco (1986-1990), in the national debate that took into account the reform to Constitution of 1886, is to limit the use and abuse of the state of exception in the first place, which has capacity to give ethnic minorities (indigenous and Afro-Colombian), and to other political parties and movements never considered, until then, important. Remember that Colombia has always been a nation with a two-party political system.

This was as a result of the executive to bring a bill to amend the Parliament, however, this project, discussed twice in Congress, was not approved. Following this negative response from the Parliament, there will arise the student movement known as the "Septima papeleta. This motion requested that during the elections of 11 March 1991, convened to elect representatives of the senate, house of representatives, regional assembly, governor, mayors and city council, was also included a seventh vote papeleta ", with which he called for a constitutional reform, by calling for the establishment of a Constituent Assembly.

The Supreme Court of Justice recognized the majority will of the people from which this initiative, which was set up private universities and public throughout the country, although it was feared that the Court find its unconstitutionality, because it was established in the Constitution of 1886 that the only authorized mechanism to alter or change the Constitution the legislative act was enacted by Parliament.

With this "restricting" the Constitutional Court not only declared the decree that had issued the outgoing President (Barco), but gave "La Septima papeleta" a lot more power than those in the original decree.

will then be elected President Cesar Gaviria (1990-1994), offering a special decree, which will be convened by the election of a Constitutional Assembly, then approved and legitimated Supreme Court