Rights of a Detained Person in Colombia: What You Need to Know

In Colombia, every person who is arrested has fundamental rights that must be respected from the very first moment. Knowing them can make a crucial difference in a criminal case.

Immediate rights after arrest

1. The right to remain silent — You aren't required to testify against yourself. Anything you say can be used against you.
2. The right to a lawyer — You can appoint your own lawyer or request a public defender.
3. The right to know the charges — The authorities must tell you why you're being arrested.
4. The right to communicate — You can notify a family member or trusted person about your arrest.
5. The right not to be tortured — Any cruel or degrading treatment is illegal and punishable.

What happens after the arrest?

The detained person must be brought before a prosecutor within 36 hours. A legalization of capture hearing is then held before a judge, where:

• The legality of the arrest is verified
• The prosecutor can request precautionary measures (pretrial detention)
• The defense can challenge the prosecution's arguments

Precautionary measures

The judge can impose:

• Pretrial detention in a correctional facility (the most severe)
• House arrest
• Periodic reporting to an authority
• A ban on leaving the country

What the family should do

1. Contact a criminal defense lawyer immediately
2. Don't make statements to the media
3. Find out which detention facility the person is being held at
4. Gather documents that establish community ties (employment, family, residence)

When should you call us?

Immediately. In criminal cases, the first hours are decisive. Contact us at +57 301 681 8000 — we handle criminal emergencies 24 hours a day.

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