How can I file a right of petition? To whom or which entities can a right of petition be filed? All answers below.
And other questions we answer about this mechanism
Article 23 of the Political Constitution of Colombia establishes that any person has the right to submit respectful petitions for reasons of general or particular interest and to obtain a prompt, complete, and substantive response.
This right is also regulated by Law 1755 of 2015. However, this does not mean that any person can request any type of information or documentation from any public or private entity; other constitutional principles and rights, such as privacy and/or confidentiality, must be taken into account. This is why the following recommendations should be considered when filing a right of petition.
To Whom to File a Right of Petition
A right of petition can be filed directly with both natural and legal persons, public and private entities, and these are obliged to provide a complete and substantive response that satisfies the applicant’s needs within the deadlines stipulated by law.
What Does a Right of Petition Include?
A right of petition must contain at least:
- The entity to which it is addressed
- The full name of the applicant and their legal representative, if applicable,
- The purpose of the petition.
- Reasons on which the petition is based.
- A list of documents intended to initiate the process (if necessary)
- Signature of the petitioner
As a recommendation, you can also add facts that generate a context and make it easier for the entity to understand the motives and reasons why the information or documentation is being requested, or even why a right that may be debatable is being demanded.
When to File a Right of Petition?
Fundamentally, three (3) very general types of things can be requested.
- To request specific documentation or information on a particular or general topic, for which the required entity will have ten (10) business days to respond.
- To raise inquiries, in which case entities would be obliged to issue an opinion on the consulted topic, for which they will have thirty (30) business days to respond. It is worth clarifying that these opinions are not binding and are mere normative interpretations.
- To request the recognition of a right and/or its enforcement, for which the required entity will have fifteen (15) business days to respond. If the entity cannot respond within these terms, it must inform the applicant before the deadline expires and indicate the date on which the response will be provided. This extension can never exceed thirty (30) business days.
What if my right of petition is not answered?
As a fundamental right, it is protected by the tutela action; that is, should the citizen not receive a complete and substantive response to their request within the established deadlines, they may file a tutela action before the competent judge, so that the judge, through their coercive power, orders the defendant to provide a complete and substantive response within the following 48 business hours.
What happens if I filed a right of petition with the wrong entity?
If the right of petition is addressed to an entity that is not competent to provide a complete and substantive response, it is obliged to forward the right of petition to the competent entity and inform the petitioner of this action. However, it is recommended to verify, prior to filing the document, that the request falls within the entity’s competence.
Likewise, in general, public and some private entities have citizen service centers where these concerns can be addressed.
This is an initial guide on how to start the process. If greater diligence is required due to the involvement of several public or private entities, or if you do not have complete information to proceed directly, we recommend doing so through a lawyer specializing in Constitutional Law, who can help you gather all the necessary information and documentation to carry out the process efficiently and with positive results.
