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 Resolution 368 of 1995 was revoked by Resolution 7164 of October 22, 1997, because it was considered that the Superintendence did not have the authority to assign a name to the private security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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