34
b)
Expert evidence proposed by the State
1.
Hernán de Jesus Sanín Posada, Superintendent of Private Security
and Surveillance of Colombia
The first paragraph of Article 365 of the Constitution establishes the State’s policy
concerning private security and surveillance as a public service inherent in the social
purposes of the State. Its regulation, control and monitoring are reserved to the
State by constitutional provisions. Since it is a public service, it can be provided
directly by the State or indirectly through organized groups or individuals.
Private security and surveillance services are regulated by the Private Security and
Surveillance Superintendence Act. These services are defined as remunerated
activities or activities for the benefit of a public or private organization established by
natural or legal persons that tend to prevent or put a stop to disruptions of individual
peace and security with regard to their own life and property or that of third parties,
and also the manufacture, installation, marketing and use of private security and
surveillance equipment, armor plating and transport for this purpose. The means of
providing private security and surveillance services must be authorized by law and/or
the Superintendence of Private Security and Surveillance.
When the service is provided indirectly by the State, through organized groups or
individuals, the State exercises control and monitoring to guarantee its effectiveness.
Decree 2453 of 1993 defines its organic structure, objectives, functions and
sanctions regime.
The Superintendence’s authority to apply the sanctions regime arises from its status
as a senior administrative police authority for guaranteeing the effective and
adequate provision of the services monitored.
Resolution 368 of April 27, 1995, established technical and legal criteria and
indicated a procedure for establishing private security and surveillance services, such
as the “special” ones mentioned in Article 39 of Decree 356 of 1994. According to
this administrative decree, legal persons under public or private law authorized to
provide this type of service to protect themselves will be known as “Convivir.” The
purpose of the specific denomination was to guarantee effective control and
monitoring of the achievement of the objectives and activities of this type of legal
person.
Resolution 368 of 1995 was revoked by Resolution 7164 of October 22, 1997,
because it was considered that the Superintendence did not have the authority to
assign a name to the private security and surveillance services. However, it
maintained the Superintendence’s control and monitoring functions by confirming the
procedural regulations for establishing these special services.
The existence of the special private security and surveillance services referred to in
Article 39 of Decree 356 of 1994 and Decree 2974 of 1997 was based on exceptional
circumstances of threat and risk to communities. Owing to progress in protection and
security, the need for this type of services has declined considerably. Thus, today,
there are only three legal persons authorized to provide this type of special services.
It is worth noting that, as the bodies responsible for public order and the police
service in their regions, the local administrative authorities constituted by direct vote
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