Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were no reports of disappearances by or on behalf of government authorities during the year. According to the National Institute of Forensic and Legal Medicine, from January 1 through June, a total of 2,052 cases of disappearances were registered, including 53 forced disappearances. The government did not provide information on the number of victims of disappearances who were located.
According to the Attorney General’s Office, as of October there were no convictions in connection with forced disappearances.
The Special Unit for the Search for Disappeared Persons, launched in 2018, continued to investigate disappearances that occurred during the conflict.
Prison and Detention Center Conditions
With the exception of some new facilities, prisons and detention centers were harsh and life threatening due to overcrowding, inadequate sanitary conditions, poor health care, and lack of other basic services. Poor training of officials remained a problem throughout the prison system.
Physical Conditions: Overcrowding existed in men’s and in women’s prisons. The National Prison Institute (INPEC), which operated the national prisons and oversaw the jails, estimated there were 106,700 persons incarcerated in 132 prisons at a rate of approximately 29 percent over capacity. The government made efforts to decrease the prison population in the context of COVID-19. In March the government issued a decree suspending new prisoner admissions during the pandemic, and there was an overall slowdown in judicial proceedings during the COVID-19 pandemic. On April 14, the government issued a decree allowing for the compassionate release of prisoners who were 60 years or older, pregnant women, mothers of children younger than age three, persons with disabilities or chronic serious illnesses, those sentenced to five years or less, and offenders with 40 percent of their sentence complete.
The law prohibits holding pretrial detainees with convicted prisoners, although this frequently occurred. Juvenile detainees were held in separate juvenile detention centers. The Superior Judiciary Council stated the maximum time that a person may remain in judicial detention facilities is three days. The same rules apply to jails located inside police stations. These regulations were often violated.
The practice of preventive detention, in combination with inefficiencies in the judicial system, continued to result in overcrowding. The government continued to implement procedures introduced in 2016 that provide for the immediate release of some pretrial detainees, including many accused of serious crimes such as aggravated robbery and sexual assault.
On March 21, 24 prisoners died during a failed escape attempt at La Modelo Prison in Bogota. The attempted escape took place during coordinated riots with 19 other prisons that occurred in apparent response to the health and sanitation conditions exacerbated by the COVID-19 lockdown and suspension of prison visits. A November Human Rights Watch report alleged the deaths were consistent with intentional homicide. The attorney general and inspector general launched investigations into the prison authority’s use of force during the attempted escape and overall handling of the COVID-19 pandemic.
Physical abuse by prison guards, prisoner-on-prisoner violence, and authorities’ failure to maintain control were problems. INPEC’s office of disciplinary control continued to investigate allegations that some prison guards routinely used excessive force and treated inmates brutally. As of July 29, INPEC reported disciplinary investigations against 135 prison guards for such actions as physical abuse and inhuman treatment.
INPEC reported 392 deaths in prisons, jails, pretrial detention, or other detention centers through July 29, including 37 attributed to internal fights.
Many prisoners continued to face difficulties receiving adequate medical care. Nutrition and water quality were deficient and contributed to the overall poor health of many inmates. Inmates stated authorities routinely rationed water in many facilities, which officials attributed to city water shortages.
INPEC’s physical structures were generally in poor repair. The Inspector General’s Office noted some facilities had poor ventilation and overtaxed sanitary systems. Prisoners in some high-altitude facilities complained of inadequate blankets and clothing, while prisoners in tropical facilities complained that overcrowding and insufficient ventilation contributed to high temperatures in prison cells. Some prisoners slept on floors without mattresses, while others shared cots in overcrowded cells.
Administration: Authorities investigated credible prisoner complaints of mistreatment and inhuman conditions, including complaints of prison guards soliciting bribes from inmates, but some prisoners asserted the investigations were slow.
Independent Monitoring: The government permitted independent monitoring of prison conditions by local and international human rights groups. INPEC required a three-day notice before granting consular access. Some NGOs complained that authorities, without adequate explanation, denied them access to visit prisoners. In March the government suspended prison visits to mitigate the spread of COVID-19.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for official corruption, and the government generally implemented these laws effectively, although officials sometimes engaged in corrupt practices without punishment. Revenues from transnational organized crime, including drug trafficking, exacerbated corruption.
Corruption: Through September the Attorney General’s Office registered 30,724 allegations related to corruption and registered 4,070 formal corruption charges. In April the comptroller general, the attorney general, and the inspector general established a unit to monitor funds allocated as part of the COVID-19 response, following allegations of corruption. The Attorney General’s Office announced investigations into more than 40 public officials, including the minister of agriculture, governors, and mayors, for corruption related to the administration of contracts for COVID-19 emergency support.
Financial Disclosure: By law public officials must file annual financial disclosure forms with the tax authority. The information is not made public. The law states that persons who intend to hold public office or work as contractors for the government for more than three months shall submit a statement of assets and income as well as information on their private economic activity. The human resources chief in each entity is responsible for verifying the information submitted. Congress maintained a website on which members could voluntarily post their financial information.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
There were allegations of police violence based on sexual orientation. There were no reports of official discrimination based on sexual orientation in employment, housing, statelessness, or access to education; however, there were reports of discrimination with respect to access to health care. The government approved a national action plan to guarantee lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights for the 2019-2022 period. In August the constitutional court determined that medical insurance companies must bear the costs of gender affirmation and reassignment surgeries.
Despite government measures to increase the rights and protection of LGBTI persons, there were reports of societal abuse and discrimination as well as sexual assault. NGOs claimed transgender individuals, particularly transgender men, were often sexually assaulted in so-called corrective rape. In the first eight months of the year, the Ombudsman’s Office reported 388 cases of violence against LGBTI persons, up from up from 309 cases in the whole of 2019. The primary forms of abuse were physical, sexual, and psychological aggression, in addition to economic discrimination.
The Ombudsman’s Office reported the killings of 63 LGBTI persons from January to August and also cited 36 cases of aggression by police officers. The majority of the victims were transgender women. In July an unknown assailant shot and killed LGBTI leader Mateo Lopez Mejia in Circasia, Quindio, while he led a community event in a sports complex. As of August the Attorney General’s Office reported 29 open investigations into excessive use of force by military or police against LGBTI persons.
Transgender individuals cited barriers to public services when health-care providers or police officers refused to accept their government-issued identification. Some transgender individuals stated it was difficult to change their gender designation on national identity documents and that transgender individuals whose identity cards listed them as male were required to show proof they had performed mandatory military service or obtained the necessary waivers from that service. As part of COVID-19 national quarantine, some cities instituted movement restrictions based on gender. NGOs noted this resulted in discrimination against the transgender community and a loss of access to services.