Colombia

Death Penalty 100/100

1 Does the country retain the death penalty for drug offences? No

source: Harm Reduction International (2021), THE DEATH PENALTY FOR DRUG OFFENCES: GLOBAL OVERVIEW, Available online at: https://www.hri.global/death-penalty-2020

Colombia is not listed as one of the states that retains the death penalty for drug offences in Harm Reduction International's (2021) The Death Penalty for Drug Offences: Global Overview 2020.

2 What is the extent of death penalty application for drug offences in the country? N/A

source: Harm Reduction International (2021), THE DEATH PENALTY FOR DRUG OFFENCES: GLOBAL OVERVIEW, Available online at: https://www.hri.global/death-penalty-2020

Not Applicable

Extra-Judicial Killing 50/100

3 To what extent is the practice of extra-judicial killing prevalent in the course of military and police anti-drug activity? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Militarised Policing 0

4 To what extent are military or special security forces are involved in drug operations? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Life Sentencing 100/100

5 Is there provision in legislation or sentencing frameworks for the imposition of life imprisonment for drug offences? No

source: GDPI Coding Team.

Though the amendment to Article 34 of the Columbian constitution put forward by Article 1 of Legislative Act 01 (2020) allows for life sentences in the case of certain crimes, it does not relate to any drug-related offences.

6 Where there is provision in legislation or sentencing frameworks for the imposition of life imprisonment for drug offences, what is the nature of such sentences? N/A

source: GDPI Coding Team.

Not Applicable

7 How frequently are formal life sentences imposed for drug use and personal possession offences? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

8 How frequently are formal life sentences imposed for drug supply offences (production, dealing, or trafficking)?  N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Non-consensual confinement 50/100

9 To what extent is there a practice of non-consensual confinement in compulsory drug treatment centres? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Human Rights Violations 41/100

1 How often are suspects in drug cases subject to violence or torture by the police? Frequently

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

2 To what extent does arbitrary arrest and detention for drug offences exist? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

3 What is the country's score on the World Bank Fair Trial Indicator? Moderately Restricted

source: World Bank Data Repository: https://tcdata360.worldbank.org/indicators/hd45eb4d6?country=BRA&indicator=41895&viz=line_chart&years=1975,2019

The courts are generally independent of the government, but the justice system is characterized by moderate degrees of corruption or inefficiency.

Equity of Impact of Criminal Justice Response 24/100

4 To what extent does enforcement of drug policy disproportionately impact certain ethnic groups?  To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

5 To what extent does enforcement of drug policy disproportionately impact women?  To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

6 To what extent does enforcement of drug policy disproportionately impact low-income groups? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Mandatory minumum sentencing and pre-trial detention 37/100

7 Do the state’s drug laws or legal frameworks include mandatory minimum sentences for any drug offences? Yes

source: GDPI Coding Team.

National Narcotic Statute 1986, art. 32-39 - minimum sentences for a range of drug-related offences

8 For states whose drug laws or legal frameworks include mandatory minimum sentences for any drug offences, does this relate to first offences or multiple offences? Mandatory Minimum Sentences Apply to the First Offence

source: GDPI Coding Team.

Sentences apply in all cases. There is no distinction between first and multiple offenders.

9 Do the state’s laws include mandatory pre-trial detention for drug offences? No

source: GDPI Coding Team.

Criminal Procedure Code, art. 306 - Judge can impose preventive detention at the request of the prosecutor. Not obligatory

Alternatives to arrest/prosecution/conviction/punishment 32/100

10 Is there any provision in state criminal justice policy for alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences? Yes

source: GDPI Coding Team.

Criminal Code, art. 63 & 64 - suspension of a prison sentence and conditions for early release

11 Do alternatives exist at the point of initial contact with law enforcement (i.e., the police or other law enforcement officers) – before arrest and/or prosecution? Yes

source: GDPI Coding Team.

Police Code 2016, art. 92/8,9 - Police has the option to issue fines, destruction of goods and temporary suspension of activity in the case of 'storing, processing, possessing, holding, facilitating, delivering, distributing or trading in illicit goods, drugs or substances prohibited by the regulations in force or by the competent authorities' (art 92/8) and ' permitting or facilitating the use of drugs or substances prohibited by law or by the competent authorities' (art 92/9).

12 Do alternatives exist after the point of arrest, but before conviction or formal criminal court proceedings? No

source: GDPI Coding Team.

Coded on expert advice from I. Pereira.

13 Where individuals are convicted with a final sentence (courts), are there alternatives to incarceration for drug offences? No

source: GDPI Coding Team.

Criminal Code art. 63 - First and second-time prison sentences (any crimes, not only drug-related) can be suspended in the case that the sentence does not exceed three years and if the circumstances indicate that the execution of the sentence is not necessary. However, article 68A states that conditional suspension cannot be granted in the cases of 'crimes related to drug trafficking and other offences. Art.64 - Conditional release can be granted for sentences exceeding three years after the person has served three-fifths of the sentence. As in the case of sentence suspension, article 68A states that conditional release cannot be granted in the cases of 'crimes related to drug trafficking and other offences'.

14 Do alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements?  No

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

15 Where alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements, is relapse / non-attendance / treatment “failure” associated with subsequent imprisonment or punishment? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

16 Where alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements, are a range of treatment options and modalities made available to people based on their clinically assessed need or preferences? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Extent of imprisonment of individuals involved in non-violent drug-related offences 0

17 To what extent does the pursuit of state drug policy result in the imprisonment of non-violent offenders? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Decriminalisation Policy 73/100

18 Is there a provision in national legislation or in official national policy documents for the decriminalisation of drug use and the possession of drugs for personal use?  Yes

source: GDPI Coding Team.

Colombia’s model of decriminalisation was introduced with the Constitutional Court Decision C-221 in 1994.

19 What % of the population live in a state/territory with decriminalisation provisions? 100%

source: GDPI Coding Team.

This law applies nationwide.

20 For states or sub-national units with decriminalisation, what substances are decriminalised? Cannabis Plus Other (But Not All) Drugs

source: GDPI Coding Team.

National Narcotics Statute - Art. 2 specifies the substances and amounts considered as a dose for personal use. Substances included are cannabis (20g), cocaine (1g) and methaqualone (2g).

21 Where there are administrative (non-criminal) sanctions for drug use and possession for personal use, what is the severity of these sanctions? Severe

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

22 To what extent has decriminalisation in this state been effective in diverting people who use drugs away from the criminal justice system? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Extent to which State Policy Prioritises Harm Reduction for People Who Use Drugs 87/100

1 Is there an explicit supportive reference to harm reduction in national policy documents? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2033

2 Are people who use drugs included in the HIV national strategic plan? Yes

source: GDPI Coding Team.

National Response Plan to STDs, HIV, Hepatitis B and C p.42 - PWID identified as a key and vulnerable population

3 In states where people who use drugs are included in the HIV national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? Yes

source: GDPI Coding Team.

see indicator 14

4 Are people who use drugs included in the Hepatitis-C national strategic plan? Yes

source: GDPI Coding Team.

National Response Plan p.42 - PWID identified as a key and vulnerable population

5 In states where people who use drugs are included in the Hepatitis-C national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? Yes

source: GDPI Coding Team.

National Response Plan p.42 - PWID identified as a key and vulnerable population

6 Are people who use drugs included in the Tuberculosis national strategic plan? Yes

source: GDPI Coding Team.

Strategic Plan Against TB - 2016-2025, p.64 - PWID are included in one of the plan's objectives (TB/HIV coinfection)

7 In states where people who use drugs are included in the Tuberculosis national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? No

source: GDPI Coding Team.

Strategic Plan Against TB - 2016-2025, pp. 27-34 - People who use drugs not included in the list of vulnerable populations.

Harm Reduction Funding 0

8 How Adequate Are Levels of Harm Reduction Funding Relative to Estimated Need? Very low

source: Harm Reduction International GDPI team

Estimated by Harm Reduction International at under 10% of harm reduction resource needs met (see project methodology for details)

9 Which of the following best describes the sustainability of harm reduction funding in the state over the next 3-5 years? Likely to be reduced

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Harm Reduction Intervention Availability and Coverage 24/100

10 Is at least one needle and syringe programme operational in the state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2033

11 Which of the following best describes the availability of needle and syringe programmes for people who inject drugs? Very limited availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

12 Is at least one opioid agonist therapy programme operational in the state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2033

13 Which of the following best describes the availability of opioid agonist therapy programmes for people who use opioid drugs? Very limited availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

14 Is peer distribution of naloxone available in this state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2033

15 Which of the following best describes the availability of naloxone for people who use opioid drugs? Very Limited Availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

16 Is at least one in-prison needle and syringe programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2033

17 Which of the following best describes the availability of needle and syringe programmes to people in prison? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

18 Is at least one in-prison opioid agonist therapy programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2033

19 Which of the following best describes the availability of opioid agonist therapy to people in prison? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

20 Is at least one drug consumption room operational in ths state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2033

21 Which of the following best describes the availability of drug checking services to people who use drugs? Very Limited Availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Equity of Access to Harm Reduction Services 41/100

22 To what extent are there disparities in access to harm reduction services due to individuals’ ethnicity? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

23 To what extent are there disparities in access to harm reduction services for women, including during pregnancy? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

24 To what extent are there disparities in access to harm reduction services due to individuals’ sexual orientation and/or gender identity?  To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Policy prioritisation of availability and accessibility of controlled medicines for the relief of pain and suffering 84/100

1 Is there an explicit provision in national legislation (or in official national policy documents and regulatory instruments) that establishes the government’s obligation to make adequate provision to ensure the availability of controlled medicines for the relief of pain and suffering? Yes

source: GDPI Coding Team.

Law 1733, art. 8 - Obligation of national agencies to guarantee distribution, availability and accessibility of opioid medicines '24 hours a day, seven days a week'.

2 Is there an approved national medicines policy plan that recognises the importance of the availability and accessibility of controlled medicines for the relief of pain and suffering? Yes

source: GDPI Coding Team.

National Pharmaceutical Policy 2012, p.41 - In section 3 'Insufficient supply and availability of essential medicines', the plan states that 'difficulties have been documented in the acquisition, provision and timely dispensing of special control drugs managed by the National Narcotics Fund'. I am not sure if it entirely meets the definition of the indicator, but I think it warrants a '1'. In addition, Ms. Pereira told me that controlled medicines for the relief of pain are included in the Health Benefits Plan (Plan de Beneficion en Salud). I wanted to provide evidence, but the website of Colombian Health Ministry is unavailable.

3 To what extent does the policy-making process relating to controlled medicines meaningfully include stakeholders such as medical boards, health professionals (including pharmacists), patients, and representatives of patients?  To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

De facto availability and accessibility of controlled medicines for the relief of pain and suffering 24/100

4 What range of narcotic drug consumption does the state fall into? Moderate Access

source: INTERNATIONAL NARCOTICS CONTROL BOARD (2021) 2020 Narcotic Drugs Report. Available at: https://www.incb.org/incb/en/publications/annual-reports/annual-report-2020.html

Source: INTERNATIONAL NARCOTICS CONTROL BOARD (2021) 2020 Narcotic Drugs Report. Available at: https://www.incb.org/incb/en/publications/annual-reports/annual-report-2020.html

5 To what extent are there geographic disparities in access to controlled drugs for the treatment of pain? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Equity of Access to controlled medicines for the relief of pain and suffering 37/100

6 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ gender? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

7 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ socio-economic status? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

8 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ ethnicity? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

9 To what extent are there disparities in access to opioid analgesics for the treatment of pain for people who use drugs? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Filter Question for 'Development' Dimension N/A

1 Does the country include ‘alternative development’ or ‘sustainable development’ programmes to provide alternatives to the cultivation of crops used for illegal drug production? Yes

source: GDPI Coding Team.

p.3 - The PNIS (Plan Nacional de Programa Nacional Integral de Sustitución de Cultivos de Uso Ilícito - National Plan for Substitution of Illicit Crops) was one of the core pillars of the peace agreement between the Colombian Government and the FARC-EP (Revolutionary Armed Forces of Colombia - People's Army).

Alternative Development Policy Design 38/100

2 Are Alternative Development policies and programmes embedded within a broader development programme? Yes

source: GDPI Coding Team.

Colombia is listed (Along with Thailand) by the UNODC World Drug Report as having embedded AD within its broader development stragtegy.

3 To what extent are local communities, participants, and (where applicable) indigenous and minority groups meaningfully included in the design, implementation, monitoring, and evaluation of alternative development policies and programmes? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

4 To what extent is the protection of the environment prioritised in alternative development policy and programmes?   To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

5 To what extent does alternative development operate within a framework of militarized/security sector operations as part of security policy? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Management of Crop Eradication 9/100

6 Does alternative development policy include provisions for forced crop eradication? Yes

source: GDPI Coding Team.

Colombia's AD policy had been widely criticised for using forced crop eradication including via aerial spraying.

7 Where provision is made for forced crop eradication, does policy also make provision for aerial spraying in forced crop eradication? Yes

source: GDPI Coding Team.

Colombia's AD policy had been widely criticised for using forced crop eradication including via aerial spraying.

8 To what extent are alternative development programmes sequenced to ensure that targeted households have adopted viable and sustainable livelihoods in advance of any crop eradication efforts? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Efficacy of alternative development policy for key beneficiaries 23/100

9 To what extent do alternative development policies and programmes facilitate the empowerment of women? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

10 To what extent do alternative development policies and programmes benefit young people? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

11 To what extent do alternative development policies and programmes implement a successful ‘pro-poor’ strategy? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.