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RSS Communiqués FARC-EP

Communiqués published by the Peace Delegation, the Central High Command and the National Secretariat of the FARC-EP

According to Alejandra Gaviria, a member of the Victims of State Crimes Movement (MOVICE for its acronym in Spanish), the Special Peace Jurisdiction established in the Peace Agreement signed between the FARC-EP and the Colombia Government is an extremely important tool that will allow the country to pay off its historical debt with the fulfillment of the rights of the victims of the conflict.

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Source: Contagio Radio

Victims' and human right defender organizations, accompanied by representatives Alirio Uribe and Angela Maria Robledo, reported their request for a hearing to be held at the Inter-American Court of Human Rights to present their concern on the proposals of the sectors that advocated the NO-vote. Impunity for victims in Colombia would be perpetuated if these proposals where to be accepted, because they are lax with crimes committed by State agents and private individuals.

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More than five hundred victims and human rights organizations, represented by different platforms, issued a statement to the delegations negotiating the agreements, reaffirming their support for the Special Jurisdiction for Peace agreed in Havana as a contribution to the fight against impunity.

Published in newsflash

By Andalusia Knoll, taken from http://www.truth-out.org/

The town of Trujillo in southwestern Colombia overflows with lush beauty.

Published in newsflash
Friday, 11 March 2016 00:00

Pictures peace process

Published in History in photos
Tuesday, 02 February 2016 00:00

Agreement Victims

The FARC-EP has presented its minimum proposals on victims, always referring to the “collective and individual” victims of the conflict. In this sense, the universe of victims, according to the FARC-EP, also includes political, social and trade union organizations that have been victimized and, in accordance with international standards, the victims-combatants, particularly political and war prisoners. The victims of development and economic policies shouldn’t be forgotten, either.

During the discussion of item 5 of the Agenda, the FARC-EP put on the table the claims of victims' and human rights’ organizations, trying to correct the deficiencies of a discussion that had failed to provide an active and leading role to the victims of the conflict and to human rights defenders, limiting their participation to the organization of some meetings in Colombia in which there was no possibility of dialog with the members of the Negotiating Table.

The FARC-EP is convinced that restorative justice is the best way to achieve the recovery of social morale, decontaminate political conducts and sow the seeds for the possibility of a general welfare. The insurgency is not interested in “applauding the imprisonment of our adversaries”, but prefers to work with them on the base of coexistence, agreements, rebuilding society in Special Zones of Peace, without forgetting the past, so as to never return to it, with the intention of satisfying the rights of the victims and the affected communities in general.

The work of the Historical Commission of the Conflict and its Victims highlighted the unquestionable responsibility of the State for more than 70 years of internal conflict. Therefore, the responsibility for what happened, from the point of view of the unlawful conduct, individual or collective, of the various actors, could and should be evident beyond stigmatizing only one of the parties to the conflict as the exclusive perpetrator.

The Comprehensive System for Truth, Justice, Reparation and Non-Repetition is a system that gathers and connects all the elements that International Law notes as inalienable rights of victims: the rights to truth, justice, reparation and non-repetition. It seeks to find answers for the vindications and requirements of the victims of the conflict and ensure the observance of human rights.

The System has five components:

(1) a Commission for the Clarification of Truth, Coexistence and Non-Repetition, that looks for the full establishment of the truth about the facts occurred in the conflict, with the participation of the whole society;

(2) a Special Unit for the search of persons who disappeared in the context and as a result of the armed conflict; a new and strong institutional mechanism for the improvement of the impunity on massive forced disappearance cases;

(3) a Special Jurisdiction for Peace, a mechanism for the administration of justice and research, clarification and sanctions for serious human rights violations and serious breaches of International Humanitarian Law, perpetrated by those who directly or indirectly participated in the conflict;

(4) Measures for a comprehensive reparation for victims of the conflict; and

(5) Guarantees for non-repetition, geared to avoid new dynamics of war in the country. Additionally, the agreement includes a declaration of commitment by both parties to respect and promote human rights.   

The System was built for the satisfaction of victims rights, also recognizing the right to rebellion and completely in line with the standards of international law. With this agreement, all those who directly or indirectly participated in the conflict must contribute to the clarification of the truth and reconciliation.

Introduction

To repair the victims is in the center of the Agreement between the National Government and the FARC-EP. In this sense, we have discussed and come to agreements at the Conversation Table in Havana, on point 5 of the Agenda “Victims” which includes the sub-points: 1. Human rights of the victims, and 2. Truth, trying to give contents that satisfy the demands of those who have been affected by the long confrontation regarding to whose political solution we have made a fundamental step forward today, through consensus and important measures and agreements of de-escalation, for the construction of a stable and lasting peace and the termination of a war of more than half a century, which has bled the country.
The National Government and the FARC-EP, considering the integrality that should characterize the development of the articles included in the point of Victims, started their analysis assuming the “Declaration of principles” of June 7, 2014. These principles were taken into account throughout the discussion in the development of Point 5 – Victims, and should irradiate its implementation: 

  • Acknowledgement of victims. It is necessary to recognize all victims of the conflict. They should be recognized not only as victims but also, and mainly, in their condition of citizens with rights.
  • Acknowledgment of responsibility. Any discussion of this item must start with the acknowledgment of responsibility towards the victims of the conflict. We will not exchange impunities.
  • Satisfaction of victims' rights: The rights of the victims of the conflict are not negotiable; it is a matter of agreeing on how they should be satisfied in the best way within an end-of-conflict framework.
  • Participation of victims: The debate on the satisfaction of the rights of victims of serious human rights violations and International Humanitarian Law infractions during the conflict necessarily requires the participation of victims by various means and at different moments.
  • Clarification of the truth: Clarifying what happened during the conflict, including its multiple causes, origins and effects, is a key part of the fulfillment of the rights of victims, and society in general. Rebuilding trust depends on full clarification and recognition of the truth.
  • Reparation for victims: Victims are entitled to be compensated for damage suffered during the conflict. To restore the rights of victims and transform their living conditions within an end-of-conflict framework is a fundamental part of building a stable and lasting peace.
  • Guarantees for protection and security. Protecting the life and personal integrity of the victims is the first step towards the satisfaction of other rights.
  • Guarantee of non-repetition: The end of the conflict and the implementation of reforms arising from the Final Agreement constitute the main guarantee for non-repetition and for not allowing new generations of victims to arise. The measures adopted both for the 5thitem and for the other Agenda items should be aimed at ensuring non-repetition so that no Colombian can ever become victim again or be at risk of becoming one.
  • Principle of reconciliation: One of the objectives of the satisfaction of victims' rights is the reconciliation of all Colombian citizens in order to transit roads of civility and conviviality.
  • Rights perspective: Any agreement we reach on the items of the Agenda and in particular the 5th item "Victims" should contribute to the protection and guarantee of the effective enjoyment of the rights of all. Human rights are inherent to all human beings in an equal way, which means they belong to them just because of being one. Therefore, their recognition is not a concession, they are universal, indivisible and interdependent and must be considered in a global, just and equitable way. Consequently, the state has the duty to promote and protect all human rights and fundamental freedoms, and it is every citizen's duty not to violate the human rights of their fellow citizens. The infringements of economic, social and cultural rights that might have occurred within the framework of the conflict shall be taken into account for purposes of compensation, considering the principles of universality, equality and progressiveness.

On the basis of these principles we came to essential agreements on: 1. Comprehensive System of Truth, Justice, Reparation and Non-repetition and 2. Commitment with the promotion, the respect and the guarantee of human rights.

Within these commitments, critical commitments are included, like the creation of the Commission for the Clarification of Truth, Co-existence and Non-repetition; the Special Unit for the Search of Missing Persons in the Context and as a result of the conflict; the Special Jurisdiction for Peace and specific measures of reparation. All these components have been articulated within a Comprehensive System of Truth, Justice, Reparation and Non-Repetition, to which measures of non-repetition will be linked as well, specifying that on the latter, apart from the coordinated implementation of all the previous measures and mechanisms, as well as in general of all the points of the Final Agreement, additional measures will be implemented that will be agreed within the discussion on Point 3 – “End of Conflict” of the Agenda of the General Agreement.
During the development of the discussion on point 5 “Victims”, the Historical Commission on the Conflict and its Victims was brought into operation, which yielded important conclusions of a diverse and plural content regarding the origin and multiple causes of the conflict, the main factors and conditions that have facilitated of contributed to the persistence of the conflict and the most notorious effects and impact on the population, all of which has been considered as a fundamental input for the work of the Commission for the Clarification of Truth, Co-existence and Non-repetition.
Other key measures taken within the framework of the discussions on point 5 “Victims” have been: the signing of measures and protocols to forward programs of cleaning and de-contamination of territories of antipersonnel mines (APM), improvised explosive devices (IEDs) and unexploded ordnance (UXO), or explosive remnants of war (ERW); immediate humanitarian measures of search, location, identification and dignified delivery of remains of missing persons in the context and due to the conflict.

***
The armed conflict, which has multiple causes, has caused an unprecedented suffering and harm to the population. There are millions of Colombians who are victims of forced displacement, hundreds of thousands of deaths, ten of thousands of disappeared people of all kinds and a broad number of collectives and populations affected throughout the territory, including peasant, indigenous, black, Palenquera and Raizal communities, and Rom, political parties, social and union movements, economic enterprises, among others. Without forgetting other forms of victimization, less visible but not less painful, like sexual violence, psychological affectations or simply having to live with fear.
In recognition of this national tragedy, since the Exploratory Meetings in 2012, we agreed that the reparation of the victims had to be in the center of any agreement; and that the agenda for the termination of the conflict had to include a point on victims, as was enshrined in the General Agreement of August 26, 2012.
This is also why, before beginning this point of the Agenda, we agreed the mentioned “Declaration of principles” that reflects this commitment with the victims and has guided the conversations to assure that the comprehensive satisfaction of the rights to the truth, justice, reparation and non-repetition, is in the center of the agreement.
Simultaneously, we expanded the mechanisms of participation. More than 3.0000 victims participated in four forums in Colombia, organized by the United Nations and the National University, and sixty victims traveled to Havana to give direct testimony at the Conversation Table and offer their recommendations, supported by the Episcopal Conference, the United Nations and the National University. Without mentioning the 17 thousand proposals, sent to the Conversation Table by the victims and other citizens through different means. All the proposals that we received from the victims were crucial to reach the agreements.
Finally, we thank the victims for their decided participation, their generous testimonies and their proposals, without which it wouldn’t have been possible to build this Agreement, and we encourage them to participate actively in their implementation and in the construction of peace.
We hope that with the implementation of this and all the Agreements, the dignification of the victims will be ensured, that justice will be done and that the bases will be set to finish once and for all with the violence of the conflict in the country, so that no one will ever be victim in Colombia again.

5.1.    Comprehensive System of Truth, Justice, Reparation and Non-repetition.

In accomplishment of our commitment to place the victims at the center of the Agreement and in response to their testimonies, proposals and expectations, which we heard from them personally, the National Government and the FARC-EP agreed to create the Comprehensive System of Truth, Justice, Reparation and Non-repetition, and this is also why we have taken the measures previously described.
The Comprehensive System is based on the principle of acknowledgment of the victims as citizens with rights; the acknowledgment that there should exist full Truth on what happened; the principle of acknowledgment of responsibility by all those who participated in a direct or indirect way in the conflict and were involved in some way in serious human rights violations and serious breaches of International Humanitarian Law; the principle of the satisfaction of the rights of the victims to truth, justice, reparation and non-repetition, on the basis of not interchanging impunity, taking into account also the basic principles of the Special Jurisdiction for Peace, among which it is considered that “the caused harm should be repaired and restored whenever possible”.
The end of the conflict should contribute to guarantee that violations and breaches cease, and it is also an opportunity to guarantee the satisfaction of the rights of the victims. The definitive termination of the hostilities will offer conditions for victims to express themselves without fear and to receive the acknowledgment they deserve; an opportunity for all who have some responsibility for human rights violations or breaches of IHL to make the relevant acknowledgment; and as a consequence, an opportunity to apply more effectively measures in order to guarantee truth, justice, reparation and non-repetition.
International experience shows that the effectiveness of these measures is higher if applied in an articulated and complementary way. Therefore, the System intends to be comprehensive, so that the measures achieve maximum justice and accountability for violations of human rights violations and breaches of international humanitarian law occurred during the conflict. The integrality of the System also contributes to the establishment of truth about the conflict and the construction of historical memory.
We understand that a broad and genuine response to the rights of victims -in the framework of the implementation of all other agreements, which also guarantee their rights- is the basis of justice.
To meet this purpose and advance the fight against impunity, the Comprehensive System combines judicial mechanisms that allow investigation and punishment of serious human rights violations and serious breaches of International Humanitarian Law, in the terms established by the Special Jurisdiction for Peace, with complementary extra-judicial mechanisms that contribute to clarify the truth of what happened, the search for missing loved ones and the reparation of the damage caused to individuals, groups and entire territories.
Additionally, besides the Special Jurisdiction for Peace, judicial mechanisms will be created, such as a unit for the investigation and dismantling of criminal organizations, including criminal organizations that have been called successors of paramilitarism, and their support networks, referred to in point 3.4. of the Agenda of the General Agreement.
The Comprehensive System has a differential and gender approach, which is adapted and responds to the particular characteristics of victimization in each territory and each population, and especially the needs of women and children.
The Comprehensive System puts special emphasis on restorative and remedial measures, and aims to achieve justice not only with retributive sanctions.
The System should also ensure legal securities for those benefiting from the measures of justice, as an essential element of the transition to peace.
The success of the Comprehensive System also depends on finding the broadest possible acceptance in society.
Finally, the integrality of the system helps to lay the bases for the recovery of trust, for coexistence in a scenario of peace building, and for genuine reconciliation among all Colombians.

Goals:

In short, the different measures and mechanisms of the Comprehensive System should contribute to the compliance of the following goals:

  • Satisfaction of victims' rights, by combining mechanisms of judicial and extra-judicial nature.
  • Accountability, by establishing responsibilities, all participants in the conflict, directly or indirectly, combatants or non-combatants, must take responsibility for serious violations and breaches committed in the context and due to the armed conflict.
  • Non-repetition, through the implementation of all measures of the System -and others that will be agreed under Point 3 of the Agenda- to prevent re-victimization and repetition, encourage the rejection of society to war and its effects, strengthen the end of the conflict, and prevent the emergence of new forms of violence.
  • Territorial, gender and differential approach, through a differential treatment of territories and populations, especially of female victims, children, and the poorest and most vulnerable population, and therefore most affected by the conflict.
  • Legal security, by meeting the conditions of the Comprehensive System and especially the Special Court for Peace, with the necessary guarantees of due process.
  • Coexistence and reconciliation, by building trust in each other from the positive transformations that generate peace agreements within society, especially through the acknowledgment of the victims, recognition and establishment of responsibilities, and in general the acknowledgment by the whole society of the need to seize this opportunity to build a better future based on social justice, respect and tolerance.
  • Legitimacy, responding to the expectations of the victims, of society in general, and to national and international obligations of the Colombian State, including compliance with the agreed in the Final Agreement.

Components:

The Comprehensive System consists of the following five mechanisms and measures:

  • Commission for the Clarification of Truth, Coexistence and Non-repetition: This will be a temporary and extra-judicial body, which seeks to know the truth about what happened and helps to clarify violations and breaches and provide a full explanation to the whole society about the complexity of the conflict; promote acknowledgment of the victims and of the responsibilities of those directly and indirectly involved in the armed conflict; and promote coexistence in the territories to ensure non-repetition.
  • Special unit for the search for missing persons in the context and due to the armed conflict: This will be a high-level special unit of a humanitarian and extrajudicial nature, which aims to direct, coordinate and contribute to the implementation of humanitarian actions for the search and identification of all missing persons in the context of the conflict who are alive, and in case they have died, if possible, the location and dignified return of the remains. The activities of the Unit can neither replace nor impede criminal investigations that may take place in compliance with the obligations of the State.
  • Special Jurisdiction for Peace: It will consist of a number of justice Chambers, including a Chamber of of Amnesty and Pardon, and a Peace Tribunal, to administer justice and investigate, clarify, prosecute and punish serious human rights violations and serious breaches of International Humanitarian Law.
  • Comprehensive reparation measures for peace-building: These are measures that seek to ensure comprehensive reparation of victims, including the right to restitution, compensation, rehabilitation, satisfaction and non-repetition; and the collective reparation of the most vulnerable territories, populations and communities that are most affected by the conflict, in the framework of the implementation of other agreements. To this end, existing mechanisms will be strengthened, new measures will be adopted, and the commitment of everybody to repair the damage caused will be promoted.
  • Guarantees of non-repetition: The guarantees of non-repetition are the result, on the one hand, of the coordinated implementation of all the above measures and mechanisms, and in general all the items of the Final Agreement; and on the other, the implementation of measures of non-repetition to be agreed within Point 3 - "End of Conflict".

The different mechanisms and measures of truth, justice, reparation and non-repetition, as part of a system that seeks a comprehensive response to victims, can not be understood in isolation. They will be interconnected through relationships of conditionality and incentives to access and maintain any special treatment of justice, always founded on the acknowledgment of Truth and responsibilities. Compliance with these conditionalities will be verified by the Special Jurisdiction for Peace.
No mechanism of the System will have priority over another. Each mechanism must fulfill its primary function as expeditiously as possible and not duplicate those of other mechanisms, for which the necessary cooperation protocols will be established.

1. Truth Commission

5.1.1.1. Commission for the Clarification of Truth, Coexistence and Non-repetition

The end of conflict establishes a unique opportunity for satisfying one of the main aspirations of Colombian society and of the victims in particular: to clarify and know the truth about what occurred in the conflict. Colombia needs to know what happened and what shouldn’t happen ever again, in order to forge a future of dignification and general wellbeing and thus contribute to definitely break the cycles of violence that have characterized Colombia’s history.

In this new scenario, it will be possible to contribute to the construction and preservation of the historical memory and reach a broad understanding of the multiple dimensions of the truth of the conflict, including the historical dimension, in such a way that not only the right to truth is being satisfied, but also to contribute to lay the foundations for coexistence, reconciliation and non-repetition.

For this purpose, the National Government and the FARC-EP have reached an agreement to put into operation the Commission for the Clarification of Truth, Coexistence and Non-repetition (the Commission from now), once the Final Agreement is signed. It will be an independent and impartial mechanism of extra-judicial nature.

The Commission is part of the Comprehensive System of Truth, Justice, Reparation and Non-repetition, agreed to satisfy the rights of the victims, end the conflict and reach peace. Therefore, the Commission can’t be understood separately from the Comprehensive System that includes judicial and extra-judicial mechanisms to guarantee the rights of victims to truth, justice and reparation, besides contributing to ensure non-repetition of the conflict for all Colombians. This Commission responds to the ethical, political and historical need of contributing, along with other initiatives, to create conditions, commitments and guarantees of non-repetition.

The Commission must fulfill three fundamental goals that as a whole contribute to non-repetition of the conflict.

In the first place, the Commission must contribute to the clarification of what happened, according to the elements of the mandate described below, and offer a broad explanation of the complexity of the conflict, in such a way that it promotes a joint understanding in society, especially of the less known aspects of the conflict, like the impact of it on children and teenagers, and gender-based violence, among others.

In the second place, the Commission must promote and contribute to acknowledgment. This means the acknowledgment of the victims as citizens whose rights were infringed and as political subjects of importance for the transformation of the country; the voluntary acknowledgment of individual and collective responsibilities by all those who directly or indirectly participated in the conflict as a contribution to truth, justice, reparation and non-repetition; and in general, the acknowledgment by the whole society of the legacy of violations and breaches as something that deserves everyone’s rejection and that should and can not be repeated.

And in the third place, the Commission must promote coexistence in the territories, in the understanding that coexistence is not simply sharing the same social and political space, but creating a transforming environment that allows the pacific resolution of conflicts and the construction of the broadest possible culture of respect and tolerance in democracy. Therefore, it will promote an atmosphere of dialogue and it will create spaces in which victims find themselves dignified, collective and individual acknowledgment of responsibility is made, and in general, it will consolidate respect, citizen trust in each other, cooperation and solidarity, social justice, gender equity, and a democratic culture that harvests tolerance, promotes good living and frees us from the indifference regarding the problems of others. The Commission must contribute to the building of a peace based on truth, knowledge and acknowledgment of a bloody past that has to be assumed in order to overcome it.

An appropriate differential and gender-based focus will be transversal to the development of the Commission, which will allow to visualize the differential forms in which the conflict affected women, children, teenagers, young and elderly persons, people in situations of disability, indigenous peoples, Afro-Colombian, black, Raizales and Palenquerapopulations, LGBTI population, displaced and exiled persons, human rights defenders, trade unionists, journalists, farmers, ranchers, businessmen and -women, among others. Besides, all this must contribute to the awareness of the Colombian society about the specific forms in which the conflict reproduced historical mechanisms of discrimination and gender stereotypes, as a fundamental first step to achieve a more just and inclusive society. 

All the above must contribute to creating structural conditions for coexistence among Colombians and lay the foundations of non-repetition, reconciliation and construction of a stable and long-standing peace. Because of these reasons, it is necessary to understand truth-building also as an essential part of peace building.

Finally, the success of the Commission will depend on the acknowledgment of responsibilities by those who directly or indirectly participated in the conflict, and of the commitment of all the sectors of society with the truth-building process as a manifestation, among others, of their rejection of indolence.

So, as part of their moral and political commitment to contribute to the satisfaction of the rights of victims, the National Government and the FARC-EP commit to decidedly contribute to the process of clarification of the truth and to recognize their respective responsibilities before the Commission and they invite all sectors of society to participate in this effort.

5.1.1.1.1. Guiding criteria:

Centrality of victims: The efforts of the Commission will be focused on ensuring the participation of the victims of the conflict, assuring their dignification and contributing to the satisfaction of their right to the truth in particular and of their rights to justice, comprehensive reparation and guarantees of non-repetition in general, always considering pluralism and equity. All the above must contribute to the transformation of their living conditions as well.

Impartiality and independence: The Commission will be an impartial and independent mechanism, with full autonomy for the development of its mandate and the fulfillment of its functions.

Transitory character: The Commission will be exceptional and will operate during a limited period so that its conclusions and recommendations allow an effective contribution to the construction of a stable and long-standing peace.

Participation: The Commission will start a process of broad, pluralist and balanced participation in which different voices and visions will be heard, beginning with those of the victims –individual or collective- of any circumstance related to the conflict, as well as from those who directly or indirectly participated in the conflict, and from other relevant actors.

Territorial approach: The Commission will be a national-level entity but it will have a territorial approach with the aim of achieving a better understanding of the regional dynamics of the conflict and of the diversity and particularities of the affected territories, and to promote the process of truth-building and contribute to the guarantees of non-repetition in the different territories. The territorial approach will consider the persons and populations that were forcibly displaced from their territories as well.

Differential and gender-based approach: In the development of its mandate and functions, the Commission will consider the different experiences, differential impact and particular conditions of the persons because of their sex, gender, age, ethnicity or situation of disability, and of the populations or sectors in conditions of vulnerability or especially affected by the conflict, among others. There will be special attention for victimization suffered by women.

Coordination with other measures of peace building: The Commission will coordinate with the mechanisms that will be put into operation for the implementation of the Final Agreement. In particular and if necessary, it will coordinate with the plans and programs of peace building that will be put into operation in the territories, as a consequence of the implementation of the Final Agreement.

Guarantees for the commissioners: Regarding their work in the Commission, the commissioners will not be forced to declare in judicial processes; they will be exempted of the obligation to report, and their opinions and conclusions will not be judicially questioned.

Security conditions: The Commission will assess the security conditions needed for the development of its activities and will coordinate with the State authorities the implementation of the necessary security measures, both for the commissioners and for those who participate in the activities of the Commission.

Coexistence and reconciliation: In order to contribute to the goal of non-repetition and reconciliation, and in development of its mandate, the activities of the Commission will be aimed at promoting coexistence among Colombians, especially in the territories most affected by the conflict and violence. Therefore, the Commission will ensure that spaces or hearings that are to be established, serve to strengthen respect and tolerance, citizen’s trust in each other and in the norms that guarantee the validity of and the respect for human rights. Thus, the Commission will help to lay solid foundations for peace building.

Rules of Procedure: The Commission will previously establish procedures that ensure the due guarantees and a fair, dignified and non-discriminatory treatment of those who participate in it.

Methodology: The Commission will take all the necessary measures to guarantee the highest possible level of objectivity and impartiality for the development of its activities, for which it will adopt proceedings to contrast and verify the quality of the information gathered by it –including its reliability- and to identify any false information that could have been supplied in bad faith to the Commission. The Commission will announce their methodology publicly.

Extra-judicial mechanism: The Commission will be an extra-judicial mechanism. In that sense, its activities won’t be of a judicial nature and cannot imply criminal imputation of those who appear before the Commission. The information that will be received or produced by the Commission cannot be transferred by it to judicial authorities to be used with the purpose of attributing responsibilities in judicial processes or to have probative value; the judicial authorities cannot request the Commission for it either.

The Commission may request the information it requires for the fulfillment of its mandate before the magistrates, judges and investigation bodies, according to protocols established to this end, always respecting the guarantees of a due process.

The documents received by the Commission and that may constitute documentary evidence, without being oral versions or testimonies given by a person to the Commission, will neither lose their probative value or their utilization by the Commission will interfere in ongoing judicial processes. 

5.1.1.1.2. Mandate:

The mandate of the Commission is to clarify and promote the acknowledgment of:

  • Practices and facts that constitute serious human rights violations and serious breaches of International Humanitarian Law, particularly those that reflect patterns or have a massive nature and that occurred in the context of the conflict, like the complexity of the contexts and the territorial dynamics in which those violations and breaches happened.
  • Collective responsibilities of the State –including the Government and the rest of public authorities-, of the FARC-EP, of the paramilitaries, and of any other group, organization or institution –national or international- that have had any participation in the conflict, because of the practices and facts referred to in the previous paragraph.
  • The human and social impact of the conflict on society, including the impact on economic, social, cultural and environmental rights, and also the differentiated forms in which the conflict affected women, children, teenagers, young and elderly persons, people in situations of disability, indigenous peoples, Afro-Colombian, black, Palenquera and Raizales population, LGBTI population, displaced and exiled persons, human rights defenders, trade unionists, journalists, farmers, ranchers, businessmen and -women, among others. 
  • The impact of the conflict on the exercise of politics and on the functioning of democracy as a whole, including the impact on political and social movements and parties, particularly the opposition.

 

  • The impact of the conflict on those who directly participated in it as combatants, and on their relatives and environment.
  • The historical context, origins and diverse causes of the conflict, considering the reports of the Historical Commission of the Conflict and its Victims, among others, as an input.
  • The factors and conditions that contributed to or facilitated the persistence of the conflict, considering the reports of the Historical Commission of the Conflict and its Victims, among others, as an input.
  • The development of the conflict, particularly the actuation of the State, of the guerrillas, of paramilitary groups, and the involvement of different sectors of society.
  • The phenomenon of paramilitarism, particularly its causes, origins and expressions; its organization and the different ways of collaboration, including its financing; as well as the impact of its activities on the conflict.
  • The displacement and land dispossession in the context of the conflict and its consequences.
  • Relation between the conflict and the illicit use of crops, production and commercialization of illicit drugs, and money-laundering deriving from the phenomenon of drug trafficking.
  • The processes of strengthening of the social fabric in communities, and the experiences of collective or individual resilience.
  • The processes of positive transformation of organizations and institutions throughout the conflict.

5.1.1.1.3. Period under study (time domain):

In order to address the different elements of its mandate, the Commission will take the period of the conflict as target period. As this supposes an extensive temporal framework, it will be necessary for the Commission to establish priorities of research within it. Nevertheless, for the purpose of meeting the aim of totally clarifying the origins and diverse causes of the conflict, the Commission may explore historical events previous to the conflict, considering the reports of the Historical Commission of the Conflict and its Victims, among others, as a basic input.

5.1.1.1.4. Functions:

To fulfill its mandate, the Commission will have the following main functions:

  • Investigate each element of the mandate using the methodologies and forms of recollection and analysis of information needed to that effect, considering those usually accepted by social sciences, with a gender focus, and considering previous efforts of truth-building including the reports of the Historical Commission of the Conflict and its Victims, among others, as a basic input.
  • Create national, regional and territorial spaces, especially public hearings –thematic, territorial, institutional, of organizations, and of emblematic cases and situations, among others- with the aim of hearing the different voices, beginning with the victims, individual or collectives, and promote the participation of the different sectors of society to promote a joint reflection on what happened and on the causes and effects of the serious violence that Colombia experienced.
  • These spaces may include public scenarios for discussion and reflection or cultural ceremonies, so that those who participated directly or indirectly in the conflict may carry out acts of acknowledgment of responsibility and appeal for forgiveness, in its various dimensions, both for damages the suffering caused to the people, as for the political and social impact of their actions; and therefore provide explanations on events, contribute to reparation, make commitments of non-repetition and peace building, among others. In this way, it should contribute to truth and peaceful coexistence in the territories.
  • Elaborate a final report that considers the different contexts, reflects the investigations on the components of the mandate and contains the conclusions and recommendations of its work. The Report of the Commission will be officially presented to the branches of public power and Colombian society in a public event.
  • Guide the victims and victimized communities that participate in the Commission about the institutional –and other- offers for the satisfaction of their rights and the mechanisms to demand them.
  • Relations between the Commission and the victims and their organizations: Design and implementation of a strategy to achieve an active relationship with the victims and their organizations.
  • Implement a strategy for dissemination, pedagogy and active relationship with the media to report about the advances and developments of the fulfillment of the functions of the Commission during its operation, and ensure the broadest possible participation. The Government will adopt the necessary measures for the Commission to have a broad access to public media. The final report, particularly, will have the broadest and most accessible distribution possible, including the development of cultural and educative initiatives, like for example the promotion of exhibitions and to recommend its inclusion in the educational curriculum. In any case, the conclusions of the Commission must be taken into account by the National Museum of Memory.
  • Adopt measures for the archiving of the recollected information within its functions and, at the end of its mandate, take the necessary measures to ensure its preservation. The Commission will define the entity where the archives will be deposited and safeguarded. The Commission will establish the guiding lines for the depositary entity to adopt the relevant mechanisms so that the victims and the society as a whole will be able to have access to the archive of the recollected information.
  • Ensure the mainstreaming of a gender focus in all the work of the Commission, with the creation of a gender working group that contributes with specific tasks of technical nature, research, preparation of gender hearings, among others. This working group will not be the only one addressing the issue, but it will be responsible of reviewing the methodologies in order to ensure that all the instruments of the Commission will have a gender focus, and of the coordination with women and LGBTI organizations. The previous without undermining the necessary autonomy of the Commission in the definition of its structure and working methodology.
  • Render account to the society in a periodic manner, at least every six months, about the activities and procedures it has undertaken for the fulfillment of all its functions.
  • Establish its own regulations and working schedule.

5.1.1.1.5. Selection process:

The Commission will be composed of 11 commissioners. To select them, a postulation and selection procedure will become operational, that offers guarantees of legitimacy, impartiality and independence to the whole Colombian society and particularly to the victims. The postulation process will be broad and pluralist, ensuring that all sectors of society, including victims, among others, will be able to postulate candidates.

The commissioners will be elected by a selection committee. This committee will be composed by 9 members. The government and the FARC-EP, by mutual agreement, will select, through a mechanism to be agreed, 6 of the members of the selection committee. The remaining members will be the delegates of 3 persons or organizations to be agreed at the Table. Every member of the selection committee must inspire confidence in the citizens.

The selection will be based exclusively on postulation and the election will consider individual selection criteria, and factors as ethical suitability, impartiality, independence, commitment with human rights and justice, absence of conflicts of interest, and expertise in armed conflict, International Humanitarian Law and human rights, as well as a reputed trajectory in any of this fields. The selection of the commissioners also must consider collective criteria as gender equity, pluralism, interdisciplinary approach and regional representation.

The selection committee may select foreign commissioners, but in no case should there be more than 3.

The selection committee will have up to three months for the selection of the commissioners, after the closing of the postulation phase.

The selection of the commissioners will be done with a 2/3 majority of the members of the selection committee.

The selection committee will be elected before the signing of the Final Agreement.

5.1.1.1.6. President of the Commission:

The president of the Commission must be Colombian and will be elected by mutual consent between the National Government and the FARC-EP through a mechanism for agreeing. The president of the Commission will be its main public spokesman, will coordinate the work of the commissioners, will facilitate the good internal functioning and will direct the tasks of the Commission, preferably searching consensus in the decision-making process. The role of the president of the Commission is important because he or she will also be a national and international referent. 

5.1.1.1.7. Duration:

The Commission will work for 3 years, including the elaboration of the final report. The Commission will have 6 months to prepare everything that is needed for its functioning. The publication of the final report will take place during the month following the conclusion of the activities of the Commission.

5.1.1.1.8 Commitments of contribution to clarification:

The National Government, as executive power, and the FARC-EP commit to contribute decisively in the process of clarification of the truth and to recognize its respective responsibilities before the Commission.  

The Government will adopt the necessary measures to guarantee the contribution of other State entities and will promote the participation of third parties in the Commission, so that they can contribute to the clarification and acknowledgment of responsibilities, as part of the necessary guarantees for non-repetition.

In accordance with the applicable laws, the Government commits to facilitate the use of information required by the Commission for the fulfillment of its functions, and the Commission, for its part, will give the correspondent legal treatment to this information.

5.1.1.1.9. Funding:

The National Government commits to guarantee the timely funding of the whole functioning of the Commission, in such a way that it can totally comply with its mandate and functions in an autonomous and uninterrupted way, including the publication and dissemination of the final report. The Commission must adopt the necessary measures in order for the implementation of the financing to be made in a transparent way, attempting to guarantee austerity in spending. Citizen control over the implementation of the resources should be promoted, providing the necessary guarantees for it.

5.1.1.1.10. Committee for the follow-up and monitoring of the implementation of the Commission’s recommendations:

A committee will be created to follow up and monitor the implementation of the Commission’s recommendations, once the final report is published. For the fulfillment of its task, the interlocution with different entities and organizations of victims and human rights, among others, will be facilitated. This committee will be composed by representatives of diverse sectors of society, including victims and human rights organizations, among others. The Commission will establish the period during which the committee will be operational. The committee will render periodical follow-up reports about the recommendations. These reports must contain a territorial, differential and gender focus. The committee will take the necessary measures in order to widely disseminate its reports in the national and regional media. The Government will guarantee the funding of the committee for the fulfillment of its functions.

2. Missing persons

5.1.1.2. Unit for the Search of Missing Persons in the context and due to the conflict

The National Government and the FARC-EP agree that in order to establish what happened to the people reported as missing as a result of actions carried out by State Agents, members of the FARC-EP or any organization that has participated in the conflict, and thus help to meet the victims’ rights to truth and reparation, the National Government will put in operation  - within the framework of the end of conflict and after the signing of the Final Agreement -, a high-level special unit of exceptional and transitory nature, with strong participation of the victims, to search for all missing persons in the context and due to the armed conflict (hereinafter UBPD). This unit will be of a humanitarian nature and will be part of the Comprehensive System of Truth, Justice, Reparation and Non-repetition. It will have the necessary independence and administrative and financial autonomy to ensure continuity during the period of fulfillment of its duties.

The UBPD will direct, coordinate and contribute to the implementation of humanitarian operations under the SIVJRNR aimed to the search and location of missing persons who are alive, and in cases of death, if possible, the identification and dignified return of mortal remains of missing persons in the context and due to the armed conflict.

In any case the UBPD will deliver an official report to the families, with the information obtained on what happened to the person or persons reported as disappeared.

The UBPD and the processes and procedures that will be put into operation, will be of a humanitarian and extrajudicial nature. For the design, implementation and development of its functions it will have participation of victims' organizations, human rights organizations and support of specialized institutions in order to incorporate the best international practices and experiences in this area, accumulated by the Commission for the search of missing persons.

The UBPD will have the following functions:

  • Collect all the necessary information to establish the universe of missing persons in the context and due to armed conflict.
  • Strengthen and streamline processes for identifying mortal remains in coordination with the National Institute of Legal Medicine and Forensic Sciences.
  • Coordinate and promote processes of searching, identifying, locating and dignified return of mortal remains, for which it must:
  • Search actively, compare and analyze all the information available from various sources, including voluntary and confidential interviews with those who, having participated directly or indirectly in the hostilities, might have information about what happened to people reported as missing during the conflict, as well as information on the location of graves, cemeteries and places where mortal remains of missing people might be.
  • Design and implement a national plan establishing the priorities for the performance of its functions and the corresponding regional plans, for which it will receive the necessary staff and equipment and it will articulate and coordinate with the relevant entities. The participation of victims and human rights organizations in the designing and implementation of the plans will be guaranteed.
  • The UBPD will have the powers and capabilities to perform these functions in coordination with State institutions, with the Commission for the Clarification of Truth, Coexistence and Non-repetition and with the active participation of victims’ and human rights organizations.
  • The UBPD will have access to official databases and will be able to subscribe agreements with victims´ and human rights organizations to have access to their information. According to the existing laws at the time of implementing the Agreement, the National Government commits to facilitate the use of the information required by the UBPD to fulfill its functions, and the UBPD, for its part, will give the corresponding legal treatment to it.
  • Promote inter-institutional coordination on guidance and psycho-social care for the families of those persons missing in the context and due to the armed conflict.
  • Stimulate partnerships with specialized national and international organizations to facilitate the performance of their functions.
  • Ensure whenever possible the dignified return of mortal remains of those persons who are missing in the context and due to the armed conflict to their families, always meeting the different ethnic and cultural traditions.
  • Guarantee participation from relatives of those who are missing in the context and due to the armed conflict, in the processes of search, identification, location and dignified return of mortal remains.
  • Provide a detailed official report to the relatives with all the information that has been obtained regarding to what happened to the person reported as missing, right after the execution of the corresponding searching plan. Unidentified or unclaimed mortal remains should be preserved and put at the disposal of the competent authorities to satisfy the rights of victims.
  • Provide a copy of the report described above to the Commission for the Clarification of Truth, Coexistence and Non-repetition.
  • Report regularly and publicly, at least every six months, on the activities of search, identification, location and dignified return of mortal remains, always respecting the right to privacy of the victims.
  • Plan, coordinate and direct, together with the relevant authorities and with the participation of victims' and human rights organizations, the implementation of national and regional plans for tracking, search and identification.
  • Develop and implement a national registry of graves, illegal cemeteries and tombs.
  • To fulfill its functions, the UBPD will adopt procedures to contrast and verify the quality of the information collected, including its reliability, and to identify false information.

The humanitarian effort of search, location, identification and dignified return by the UBPD will be developed under the SIVJRNR as a complement, and without assuming the functions of the other components. In particular, the UBPD’s activities will neither replace nor prevent possible judicial investigations in compliance with the obligations of the state.

The search of mortal remains by the UBPD will not disable the Special Jurisdiction for Peace or other relevant organs to carry out the necessary investigations for the clarification of the circumstances and responsibilities of the case assumed by the UBPD.

In any case, both forensic and technical reports and material elements associated with a corpse, found at the site of the exhumations may be required by the Special Jurisdiction for Peace and other competent organs. In order to ensure the efficiency of the humanitarian work by UBPD to meet as much as possible the rights to the truth and reparation of victims, and above all to ease their suffering, the information that receives or produces the UBPD could not be used in order to assign responsibilities in judicial proceedings or to have probative value, except for forensic technical reports and material elements associated with the cadaver.

The contribution with information to the UBPD may be taken into account to receive any special justice treatment.
 
The officials of the UBPD will not be required to testify in court and they shall be exempt from the duty to denounce findings regarding their work in the Unit. If required by the Special Jurisdiction for Peace, by other competent authorities or by the Commission for Clarification of the Truth, Coexistence and Non-repetition, those who have made technical-forensic reports must ratify and explain these reports and material elements associated with the corpse.

During the operation period of the Commission for the Clarification of Truth, Coexistence and Non-repetition, the UBPD will attend the requirements and guidelines of the Commission. The UBPD and the Commission shall establish a cooperation and information exchange protocol that contributes to achieve the objectives of both of them. It will coordinate its actions with the Commission for the Clarification of Truth, Coexistence and Non-repetition, to which it will report its actions and results and provide the information it requires.

Within the framework of the end of the conflict, the National Government and the FARC-EP commit to provide the UBPD with all the information at their disposal to establish what happened to people missing in the context and due to the conflict.

To structure and put this special unit into operation, the recommendations and suggestions from the National Commission for the Search of Missing Persons, as a result of the work done in development of the agreement "Measures to contribute to the search, location and identification of missing persons in the context and because of the armed conflict”, will be taken into account.

Conformation:

The UBPD will be part and perform its functions under the Comprehensive System of Truth, Justice, Reparation and Non-repetition.

The UBPD will have a director, who must be Colombian and who will be chosen by the Selection Committee of Commissioners of the Commission for the Clarification of Truth, Coexistence and Non-repetition, based on criteria of aptitude and excellence that will be elaborated taking into account the suggestions of the International Committée of the Red Cross and the International Commission on Missing Persons.
To structure the UBPD, the director will receive the recommendations and suggestions from the National Commission for the Search of Missing Persons, victims' organizations, the International Committee of the Red Cross, and the International Commission on Missing Persons.

3. Special Jurisdiction for Peace

SPECIAL JURISDICTION FOR PEACE

I. BASIC PRINCIPLES OF THE JUSTICE COMPONENT OF THE COMPREHENSIVE SYSTEM OF TRUTH, JUSTICE, REPARATION AND NON-REPETITION (CSTJRNR)

1.  “The States are legally obliged to attend the rights of victims and with the same intensity, they are obliged to prevent new facts of violence and achieve peace in an armed conflict by the means at its disposal. Peace as product of a negotiation is offered as a morally and politically superior alternative to peace as product of the annihilation of the opponent. Therefore, international human rights law should consider peace as a right and an obligation for the State to achieve”

2. The goals of the justice component of the Comprehensive System of Truth, Justice, Reparation and Non Repetition – from now on CSTJRNR- are to satisfy the right of victims to justice, offer truth to the Colombian society, protect the rights of victims, contribute to the achievement of a stable and long-lasting peace and adopt decisions that grant full legal security to those who participated directly or indirectly in the internal armed conflict, regarding facts committed in the context of and during the conflict and that suppose serious breaches of International Humanitarian Law and serious Human Rights violations.

3. A guiding role model of the Justice Component of the CSTJRNR is the idea that political community is not just a union of contemporaries, but also a bridge between generations that are linked through time. Justice is prospective because it considers that one period influences ineluctably over later periods. It is a prospective justice respectful of the values of the present and at the same time concerned with ending conflicts that shouldn’t perpetuate, in order to defend the rights of future generations.

4. The State is autonomous to create jurisdictions or special legal systems, derived from the established in the United Nations Charter on sovereignty and free self-determination of nations, and from the established in the Principles of International Law, including International Humanitarian Law, International Human Rights Law and International Criminal Law.

5. In the exercise of such autonomy, accepted and recognized by the International Human Rights Law, the State can assess and evaluate the complexity, duration and seriousness of the internal armed conflict, to the purpose of designing and adopting the justice mechanisms to achieve peace with respect for the criteria established by International Law, especially the guarantee of human rights.

6. To repair the victims is in the center of the General Agreement for the Termination of the Conflict and the construction of a stable and lasting peace, signed in Havana on August 26, 2012. In any activities of the justice component of the CSTJRNR, the rights of the victims and the seriousness of the suffering inflicted by serious violations of International Humanitarian Law and human rights occurred during the conflict, will be taken as central axes. Such violations cause serious and lasting damage to the life projects of the victims. The damage that has been caused should be repaired and restored whenever possible.

7. Likewise, the consequences of such violations are more serious when it is about victims who belong to the most vulnerable groups, subjects of special protection, who deserve a special reparation and protection, among them, indigenous people, afro-descendent communities and other ethnically differentiated groups, peasants, the poorest, disabled people, displaced people and refugees, children and adolescents, women, the LGBTI community and elderly people.

8. The operational mode of the justice component will emphasize the needs of victims-women and children, who suffer in a disproportionate and differential way the consequences of the serious violations committed during the conflict. The reparations should respond to the call made by the United Nations that any peace accord should adopt a gender perspective, recognizing the measures of reparation and restoration, the particular suffering of women, and the importance of their active and equitable participation in the justice component of the CSTJRNR.

9. The Justice Component of the CSTJRNR, called Special Jurisdiction for Peace (SJP) is a special jurisdiction that carries out judicial functions autonomously and preferentially regarding the issues within its competence, especially regarding conducts that are considered serious breaches of International Humanitarian Law or serious Human Rights violations. It will enter into force within the terms established in the Final Agreement. It will be applied exclusively regarding conducts committed previously to its entry into force.

10. After the hostilities end, the amnesty for the rebels will exclusively be conditioned to the termination of the rebellion of the respective armed organizations and to the accomplishment of the established by the Final Agreement, without undermining the provisions of point 23 and 27. The termination of rebellion in order to have access to amnesty or pardon will be defined in the Final Agreement.

11. In the other cases that are not eligible for amnesty or pardon, in order to define the legal situation or to receive and accomplish the sanctions stated in the CSTJRNR, it is necessary to satisfy the conditions that have been established in it, when all the components of the CSTJRNR have become operational.

12. The responsibility of the target group of the CSTJRNR doesn’t exempt the State from its obligation to respect and ensure the full enjoyment of human rights and its obligations, according to International Humanitarian Law and to the International Human Rights Law.

13. To have access to the special treatment as stated in the Justice component of the CSTJRNR, it is necessary to provide full truth, repair the victims and ensure non-repetition. Provide full truth means to tell, when data are available for it, in an comprehensive and detailed manner the committed conducts and the circumstances of its commission, as well as the necessary and sufficient information to attribute responsibilities, in order to guarantee the satisfaction of the rights of the victims to reparation and non repetition. Special treatment refers to SJP’s and alternative sanctions as described in article 60.

14. All the activities within the justice component, according to the applicable regulations of the Special Jurisdiction for Peace, will respect the fundamental right to a due legal process, defense, assistance of a lawyer, presumption of innocence and the independence and impartiality of the judges of the Chambers and Sections, as well as of the members of the Investigation and Indictment Unit. All the legal decisions about the responsibilities and sanctions of persons will be duly substantiated and based on evidence deemed reliable and acceptable by justice tribunals. The resolutions and sentences of the Chambers and Sections can be appealed or revoked at the request of their recipient.

15. The functioning of the justice component of the CSTJRNR is indivisible and it will be applied in a simultaneous and comprehensive manner to all those who participated directly and indirectly in the armed conflict, and its decisions will offer guarantees of legal security to all of them. The provisions of articles 9 and 32 will determine its scope of application.
In case that, after the signing of the agreement on the Special Jurisdiction for Peace, laws or regulations were approved that provide different treatments to State agents or to other persons for conducts related directly or indirectly with the armed conflict, whether they be combatants or non combatants, causing the previously mentioned to be excluded from the competence of the Special Jurisdiction for Peace, or resulting in the inapplicability of mentioned jurisdiction or the inapplicability of the conditions referring to the sanctions that are mentioned in this text regarding those persons, the Special Tribunal for Peace will exercise its preferential jurisdiction on the matters of its competence according to the established in this document.

16. The State will guarantee the administrative autonomy and enough and autonomous budget for the CSTJRNR, especially for the justice component. An Executive Secretary will be created that will be in charge of the administration, management and execution of the resources of the Special Jurisdiction for Peace, guided by its Presidency. This Secretary should become operational with enough time as to guarantee its availability from the start of the infrastructure of the Special Jurisdiction for Peace. The State will establish economic and financial mechanisms for a timely and efficient management of the resources, which may come from different national and international sources. The appointment of the Executive Secretary, who should have a broad experience in administration and high moral qualities, will be carried out through the mechanism decided by the parties during the process of conversations.

II.- CONTENT, SCOPE AND LIMITS OF THE GRANTING OF AMNESTY AND PARDON, AS WELL AS OTHER SPECIAL TREATMENTS.

17. The Comprehensive system of Truth, Justice, Reparation and non-repetition will have as a main purpose the consolidation of peace and the guarantees of the rights of victims.

18. The final result of the application of the Comprehensive System of Truth, Justice, Reparation and Non-Repetition should ensure the legal security in order to promote a stable and long-lasting peace.

19. To the purpose of the CSTJRNR, the legal reference frameworks mainly include International human rights law (IHRL) and International Humanitarian Law (IHL). The sections of the Peace Tribunal, the Chambers and the Investigation and Indictment Unit, when they adopt their resolutions or judgments, will provide their own legal qualification of the system regarding the conducts that are examined by it, which could be different to the one carried out by legal, disciplinary or administrative authorities.

20. The victims will enjoy the rights to truth, justice, reparation and guarantees of non-repetition. To ensure those rights they will participate in the CSTJRNR according to the established by the rules of development of the justice component, and, among others, they will have to be listened to in cases of prioritization and selection of cases. The rules should respect the right of the victims to a timely, effective and efficient justice.

21. Likewise, the Colombian State must ensure, through reasonable means within its reach, truth, justice, reparation and measures of non-repetition, regarding serious violations of IHRL and serious breaches of IHL.

22. In matters of justice, according to IHRL, the Colombian State must investigate, clarify, pursue and punish the serious violations of IHRL and serious breaches of IHL.

23. When hostilities come to an end, according to IHL, the Colombian State can grant an amnesty “as broad as possible”.  To the rebels who belong to organizations that have subscribed a final peace agreement, according to the established in article 10, as well as to those persons who have been accused or condemned for political or related offences through orders handed down by justice, the broadest possible amnesty will be granted, respecting the established regarding this matter in the present document, according the provisions of article 38.

24. The Constitution allows the granting of amnesty or pardon for the offence of rebellion and other political and related offences.

25. There are offences that are not eligible for amnesty or pardon, according to articles 40 and 41 of this document. Crimes against humanity do not receive amnesty nor do other crimes described in the Rome Statute.

26. It is necessary to provide a clear description of those crimes eligible for amnesty or pardon and those that are not, to the purpose of legal security. To that purpose, the regulations for amnesty that will be adopted will respect the principles established in the present document of creation of the SJP. At the moment of determining the conducts that are eligible for amnesty or pardon, the principle of favorability will be applied to the recipient of the amnesty or pardon, if international law doesn’t establish prohibitions of amnesty or pardon regarding the conducts the rebels, or other persons accused of being so, have been accused of. The principle of favorability will be applied to the whole target group of the SJP.

27. The granting of amnesty or pardon or the access to any special treatment doesn’t absolve from the obligation to contribute, in an individual or collective manner, to the clarification of the truth according to the established in this document.

28. The level of voluntary contribution of each person or collective to the truth will be related with the treatment to receive in the justice component.

29. The scope of each one of the offences that won’t receive amnesty has to be determined in a clear way, to the purpose of legal security.

30. The offences that don’t receive amnesty or pardon should be submitted to the justice component of the Comprehensive System of truth, justice, reparation and non-repetition (CSTJRNR) agreed by the parties.

31. Within the justice component, punishment will be established for those responsible for cases that have been excluded from amnesty or pardon.
 
32. The justice component of the Comprehensive System of truth, justice, reparation and non-repetition will be applied to all those who participated directly or indirectly in the armed conflict. It will be applied to those who have been investigated or condemned for the offence of rebellion or other offences related to the conflict, even if they are not members of the armed rebel organizations.

Regarding the combatants of the armed outlaw groups, the justice component of the system will only be applied to those who subscribe a final peace agreement with the Government.

The special jurisdiction for peace will also have competence over the conducts of financing or collaboration with paramilitary groups, without these being the result of coercion, regarding those persons who had a determining or customary participation in the commission of crimes that are competence of this jurisdiction, according to the established in article 40, except in those cases in which they have been previously condemned by justice for these same conducts. The bodies of the SJP will decide the appropriate procedure for each case. According to article 48 (t) and 58 (e), those persons who might have had a determining participation in one of the conducts described in article 40 and who haven’t been called previously before the Chamber of Truth and Acknowledgment, will be called before the Special Jurisdiction for Peace on the part of the Tribunal’s Review Section.

The component of justice will also be applied to State agents who might have committed crimes related to the armed conflict and within its context. This application will be carried out in a differential way, providing an equitable, balanced, simultaneous and symmetrical treatment. Regarding this treatment, the State’s capacity as guarantor of rights, as well as the presumption that the State legitimately holds the monopoly of weapons, should be kept in mind.

The creation and the functioning of the Special Jurisdiction for Peace won’t modify the existing regulations applicable to the persons who have exercised the Presidency of the Republic, according to the established in article 174 of the Political Constitution of Colombia at the moment the present document was approved. In case that the SJP receives information that involves a person who has exercised the Presidency of the Republic, mentioned information will be sent to the Chamber of Representatives, which will act according to its competence. This transfer will be done at the moment deemed appropriate by the SJP, after having carried out the relevant verifications.

33. The justice component of the CSTJRNR, as provided in the Final Agreement, will prevail over the criminal, disciplinary or administrative decisions for conducts committed within, as a result of and in direct or indirect relationship with the armed conflict, because it obtains an exclusive competence over the mentioned conducts. Regarding the disciplinary or administrative sanctions or investigations, including financial penalties imposed on natural persons in any jurisdiction, the competence of the Special Jurisdiction for Peace will be limited to overrule or extinguish the responsibility or the disciplinary or administrative sanction imposed for conducts related directly or indirectly to the armed conflict, or to review those sanctions; all of this at the request of the person who is being sanctioned or investigated. In any case, the request can’t lead to the re-opening of a criminal investigation for the same crimes. In case the review of the imposed sanction or the extinction of the sanction and responsibility is requested, this will fall under the competence of the Review Section of the Peace Tribunal. Those who are under investigation will be competence of the Chamber for the Definition of legal situations.

34. The legal treatment of members of the FARC-EP, of State agents and of other actors that might have participated in the conflict, whether as combatants or non-combatants, whenever they have committed crimes, can be different but balanced and equitable.

35. Peaceful protests, human rights defense and the leadership of groups of civil society cannot be classified criminally or being judged on its own. In case they had been punished, a mechanism of special treatment will be provided that could even imply the extinction of responsibility. The Chamber of Amnesty and Pardon and the Review Section of the Peace Tribunal will have the competence to decide if they extinguish, review or overrule the sanctions, investigations and sentences imposed in the previous cases.

36. The imposition of any punishment within the CSTJRNR will not disable political participation nor will it limit the exercise of any right, active or passive, of political participation, to which the parties will agree the relevant constitutional reforms.

37. Article 6.5 of Protocol II of the Geneva Conventions, to which Colombia is a State party, will be applied, which states: “At the end of hostilities, the authorities in power shall endeavor to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained.”

38. According to the previous provision, the political and related offences committed as part of rebellion by the persons that are part of rebel groups with whom a peace agreement is being signed, will be granted amnesty or pardon. Respecting the established in the Final Agreement and in the present document, the regulations on amnesty will determine in a clear and precise way the offences that will be eligible for amnesty or pardon and the criteria for related offences. The membership to the rebel group will be determined by a list, previously handed over by the mentioned group, according to what has been established by the parties for its verification. Among the political and related crimes are, for example, rebellion, sedition, military uprising, as well as illegal possession of weapons, death in combat compatible with International Humanitarian Law, agreement to commit an offence to the purpose of rebellion and other related offences. The same criteria for amnesty or pardon will be applied to persons who are investigated or punished for the offence of rebellion or related offences, without them being obliged to recognize themselves as rebels.

Before the entry into force of the Final Agreement, it will be determined how the abandonment of arms and the re-incorporation of the FARC-EP to civil life, the entry into force of the justice component of the CSTJRNR and the effective access to amnesty will be coordinated. In the case of the FARC-EP, the participation in the CSTJRNR will be subject to the abandonment of arms according to the agreed in point 3.2 of the General Agreement for the termination of the conflict and the construction of a stable and lasting peace of August 26, 2012.

39. The actions related to political offence will be determined based on two criteria, an inclusive one and a restrictive one. The first criterion consists in the inclusion as related offences of: 1. Those related specifically to the development of rebellion, committed within the context of the armed conflict, like for example the apprehension of combatants carried out during military operations; 2. The offences in which the passive subject of the conduct is the State and its current constitutional regime; and 3. The conducts that point to facilitating, supporting, financing or hiding the development of rebellion, for which the contents of the previous conducts will have to be defined.

The second criterion, of a restrictive nature, will exclude international crimes, according to what has been said in points 40 and 41, as established by international law, according to the Rome Statute. With regard to the application of the criteria of relatedness in anything that hasn’t been defined with accuracy in the amnesty law, the Doctrine adopted by the Chamber of Amnesty and Pardon and the Review Section of the Peace Tribunal, when interpreting the mentioned Law, will be taken into account.

40. Crimes against humanity, genocide, serious war crimes, hostage taking or another severe deprivation of physical liberty, torture, extrajudicial executions, forced disappearance, violent sexual intercourse and other kinds of sexual violence, child abduction, forced displacement, as well as the recruitment of minors, according to what has been established by the Roma Statute, won’t be eligible for amnesty or pardon.

In the amnesty law, it will be established which conducts, classified by national legislation, are not eligible for amnesty, as far as they correspond to the previous.

The norms will precise the scope and approach of these conducts in accordance with the provisions of the Roma Statute, International Human Rights Law and International Humanitarian Law.

41. Within the CSTJRNR, common crimes that aren’t related to rebellion at all, in accordance to the amnesty law, aren’t eligible for amnesty or pardon either.

42. The on-going investigations and the disciplinary and/or administrative sanctions will become extinct, too when they have been imposed for conducts related to the armed conflict or rebellion. Within the application of this treatment, the conducts that are eligible for amnesty or pardon will be addressed, according to the amnesty law.

43. The granting of amnesty and pardon won’t extinct the right of the victims to receive reparation.

44. In accordance with the above, with regard to the State agents, a special, simultaneous, balanced and equitable treatment will be established, based on International Humanitarian Law. Such differential treatment will value the established by the operational rules of the Public Force regarding IHL. Under no circumstances the responsibility of a commander will be based exclusively on rank, hierarchy or legal reasons. The responsibility of members of the Public Force for acts committed by their subordinates should be based on the effective control of the respective conduct, on the knowledge based on the information the Public Force had before, during and after the materialization of the respective conduct, as well as on the means at its disposition to prevent it, and if it has occurred, promote the necessary investigations.

III.- PROCEDURE, BODIES AND SANCTIONS OF THE JUSTICE COMPONENT OF THE CSTJRNR.

45. In the justice component, two procedures will be applied:
1. Procedure in the case of acknowledgment of truth and acknowledgment of responsibility.
2. Procedure in the case of absence of acknowledgment of truth and responsibility.

46. To the purpose of satisfying the rights of victims to justice, the justice component will be composed by the following bodies:
(a) Chamber of Acknowledgment of Truth, Responsibility and establishment of facts and conducts,
(b) the Peace Tribunal,
(c) Chamber for Amnesty or Pardon,
(d) Chamber for the Definition of legal situations, for those cases different to the previous ones or in other cases that hadn’t been foreseen and,
(e) Investigation and Indictment Unit, which should satisfy the right of the victims to justice when there is no collective or individual acknowledgment of responsibility. The resolutions and sentences will have to be sufficiently justified and supported by law. They can be brief in what the verification of the requisites of the CSTJRNR concerns.

In all bodies of the justice component of the CSTJRNR, the persons will be able to exercise their right to defense, depending on their choice, in an individual way or through the organization to which they belonged. Any lawyer can exercise as a defender before the CSTJRNR, provided he/she is accredited as such by the corresponding bodies in his/her country of residence. The State will offer an autonomous system of advice and defense – free if the applicant lacks resources-, that will be composed by defense lawyers appropriately qualified and whose selection mechanism will be agreed by the parties before the justice component of the CSTJRNR will start operating. By decision of the stakeholder, the existing defense systems in Colombia may be used.

The magistrates of the Chambers and Sections of the justice component of the CSTJRNR will adopt, in the exercise of their autonomy, their own operative rules and organization of the Special Jurisdiction for Peace, respecting the principles of impartiality, independence and the guarantees of the due process, avoiding any re-victimization and providing duly support to the victims according to the established in the relevant international standards. This regulation will also define the causes and the procedures of recusal and impediment for the magistrates. They can be transferred between the different Chambers and Sections, depending on the accumulation of work in one or another, and according to the criteria that are agreed in the Regulations.

The Peace Tribunal will be the closing body of the special jurisdiction for peace created in the CSTJRNR.

47. Acknowledgment of truth and responsibility for conducts can be done individually or collectively, within a year from the moment the Chamber has been inaugurated, term which can be extended, in a public way and with enough arguments, to successive periods of three months. In case of collective acknowledgment, the posterior individualization should fall upon those who have acknowledged. The persons whose responsibilities are individualized can accept responsibility or they can express their disagreement with such individualization. In case there is no acceptation or disagreement with the individualization, for the sake of respect for the due process, the declaration in which the person is mentioned should be communicated to him or her. The person that has maintained silence, once he or she is located, in case he/she accepts the responsibilities, he/she will receive the sanctions that had already been imposed, provided he/she complies with the conditions of the System. In case he/she doesn’t accept responsibilities or maintain silent, he/she will be send to the Investigation and Indictment Unit.

The Chamber can agree that the acknowledgment of truth and responsibility is to be carried out in a Public Hearing in presence of the victim organizations invited by it on an established date, without undermining the possibility of carrying out a written recognition.

48. The Chamber of Acknowledgment of Truth and Responsibility and the Establishment of facts and conducts will have the following tasks:

  • Decide if the facts and conducts attributed to different persons are within the competence of the system for having been committed directly or indirectly related to the internal armed conflict or on the occasion of it. 
  • Receive the reports that will be presented by the Public Prosecutor of the Nation, the competent bodies of the military criminal justice system, the indictment Commission of the Chamber of Representatives or the body that replaces it, the Procurator-General of the Nation, the Comptroller of the Nation and any jurisdiction that operates in Colombia, on all the current investigations related to the conducts committed within the context of the armed conflict, including those that had been taken to court or had been concluded by the Procurator-General or the Comptroller Office or by any jurisdiction. The reports will classify the facts according to suspected perpetrators and they will group similar conducts in the same category without qualifying them legally. To the Chamber will also be sent a report of the relevant judgments issued by justice, sent by the body of the Administration for the Judicial Branch or by the condemned. The competent bodies of the military criminal justice will send the issued judgments as well. Any administrative body that has issued sanctions for conducts related to the conflict will also send the resolutions in which they are contained. In all the previous cases, copies of the judgments or resolutions will be attached.

Together with the reports presented by the General Attorney’s Office, this institution will incorporate the certification of copies sent by the jurisdiction of Justice and Peace created by Law 975 in 2005, so that the SJP can determine if the related conducts are of its competence, according to the established in the third paragraph of article 32.

  • Receive the reports from Colombian victim and human rights organizations regarding the conducts committed on the occasion of the armed conflict, as well as from legal or administrative sources. These reports will receive the same treatment by the SJP as those established in article b).
  • The reports will classify the facts by alleged perpetrator or convicted person and they will classify similar conducts in the same category without qualifying them legally. The reports will have to be rigorous. The Chamber can order the reports to be organized by most representative facts.
  • When a person is involved in a report or declaration of acknowledgment, the Chamber will notify him/her to give him/her the opportunity to tell voluntarily his/her side of the story. When doing so, the person can recognize truth and responsibility or deny the facts or plead that they are not conflict-related.
  • Establish reasonable dates and terms for receiving the reports and inform the people or organizations mentioned by them.
  • Once the reports have been received, a reasonable deadline will be set for the declarations, oral or written, of acknowledgment of truth and responsibility.
  • Once all the reports describing conducts, as established in paragraphs b) and c), have been received, the Chamber will compare them, and after keeping into account the version described in paragraph (e), in case it considers that there are sufficient bases to understand that the conduct existed, that the mentioned person participated and that the conduct corresponds to criminal offences not eligible for amnesty, it should be put at the disposal of the alleged perpetrators so that they can make the decision of appearing or not appearing to recognize truth and responsibility or appear to defend himself/herself from the accusations.
  • Receive the declarations of acknowledgment of truth and responsibility, both individually and collectively. To impose the sanction, the maximum responsible ones, by responsibility of command, should be identified individually.
  • The Public Prosecutor of the Nation or the investigating body of any jurisdiction that operates in Colombia, will continue the investigations until the day on which the Chamber, once the phases previously set have been concluded, announces publicly that within three months it will present its resolution of conclusions before the Peace Tribunal, moment in which the Prosecutor of the Nation or the investigating body in charge, will have to hand over to the Chamber all the investigations it possesses on those facts and conducts. Once the resolution has been adopted, the Chamber will indicate which conducts have already been subject to acknowledgment of responsibility, so that the investigation carried out by the Prosecutor of the Nation or the corresponding investigating body can cease.

In the event that the Prosecutor of the Nation or the investigating body in charge identify a case that should have been dealt with in the report mentioned in part b) of this article, it should be sent immediately to the Chamber of Acknowledgment. This won’t be an obstacle for the Prosecutor of the Nation or the investigating body in charge to continue investigating the facts and conducts that are not within the competence of the justice component of the CSTJRNR and support its bodies when it requests so.

  • After receiving the report from the Prosecutor of the Nation, from victim and human rights organizations or the investigating body in charge, the Chamber can request them or other competent bodies of the State, to inform regarding facts about which there is not enough information available.
  • As quickly as possible and at any moment it is deemed appropriate, send to the Chamber of Amnesty and Pardon the list of people who benefit from those measures, based on the list made by the FARC-EP and cross-checked in the Chamber of Acknowledgment of Truth and Responsibilities.
  • Present a resolution of conclusions before the Tribunal according to the list of sanctions that correspond to the respective acknowledged conduct.
  • As quickly as possible and at any moment it deems appropriate, decide if the conducts that haven’t been acknowledged will be submitted to the Unit of Investigation and Indictment so that if required, a trial procedure will be opened before the Tribunal. It can also be decided to send the conducts to the Chamber for the Definition of legal situations.
  • In order to issue its resolution, it will have to concentrate from the beginning on the most serious cases and on the most representative conducts or practices.
  • Two types of persons should be sent to the Chamber for the Definition of legal situations: the first one are those persons or conducts that won’t be granted amnesty or pardon or won’t be included in the resolution of conclusions, and a second type of persons are those who won’t have to acknowledge responsibilities before the Tribunal, for whatever cause.
  • When the acknowledgment of truth and responsibility is deemed incomplete, request the presence of the declarants so that they can complete it, with the indication of the conducts that in case there is no full truth about them, they will be sent to the Investigation and Indictment Unit, which will decide if there is merit to be sent to the Chamber of Judgments. The request to the declarants should indicate the concrete aspects that will have to be completed.
  • In the case that the individualized person as responsible in a collective declaration shows his/her disagreement with such individualization of his/her responsibility, send the case to the Investigation and Indictment Unit, so that this latter can decide if it merits to be sent to the Prosecution Section of the Tribunal.
  • To ensure the efficient, effective and swift functioning of the Justice component, the Chamber will have the broadest possible faculties to organize its tasks, compose working commissions, establish priorities, accumulate similar cases and define the sequence in which they will be addressed, as well as adopt criteria for selection and decongestion. In the exercise of these faculties, it will be aware of the need both to avoid serious and representative conducts to remain unpunished and to prevent the congestion of the Tribunal.
  • If three months before presenting the resolution of conclusions, the Chamber considers that a person regarding whom there are clear and sufficient bases that make him/her suspect of a determining participation in one of the conducts described in article 40, should be included in the resolution of conclusions or being sent to the Investigation and Indictment Unit, but the person refuses to appear, the Chamber should request the Review Section of the Tribunal to oblige him/her to appear before the Special Jurisdiction for Peace.

49. The Chamber of Amnesty and Pardon will apply these special legal treatments for crimes that are eligible for amnesty or pardon, taking into account the recommendations of the Chamber for the Acknowledgment of Truth and Responsibility and the Establishment of facts. However, previously, the Chamber will grant amnesty or pardon in case of persons who are convicted or investigated for crimes that are eligible for amnesty of pardon, at the initiative or at the request of a party and always according to the established in the Amnesty Law. In the event that the petition for pardon or amnesty relates to conducts that are not eligible for pardon or amnesty, the Chamber of Amnesty and Pardon will send the case to the Chamber for the Acknowledgment of Truth and Responsibility.

For the purpose of granting amnesty, it will qualify the conduct in relation to the exercise of rebellion and other political offences.

50. The Chamber for the Definition of legal situations will have the following functions:

(a) Define the legal situation of all those who have accessed the justice component of the CSTJRNR, related to two scenarios: persons who will not be granted amnesty or pardon nor included in the resolution of conclusions, and persons who don’t need to acknowledge responsibilities before the Tribunal, for being granted amnesty or pardon.

(b) Define the treatment that will be given to the sentence previously imposed by justice regarding the persons who are under the justice component according to the requisites established in the CSTJRNR -point 3.3 of the General Agreement- including the extinction of responsibilities for having complied with the sanction.

(c) For the purpose of a quick and appropriate administration of justice, determine the possible processing mechanisms of selection and prioritization for those who don’t acknowledge truth and responsibility. When it adopts its determinations, this Chamber will value the decisions adopted by the Chamber for the Acknowledgment regarding the concentration of its tasks in the most representative cases, according to the established in parts l) and p) of article 48 of this document.

(d) For the exercise of its functions, carry out the qualification of the link between the conduct and the armed conflict.

(e) Adopt the rest of the necessary resolutions to define the legal situation of those who were not granted amnesty or pardon, nor have they been object of the resolution of conclusions.

(f) At the request of the defendant, define the legal situation of the persons who, without belonging to a rebel organization, have an ongoing investigation for conducts that are competence of the Special Jurisdiction for Peace. The Chamber will decide if it is appropriate to send it to the Chamber for Amnesty and Pardon, if it is appropriate to send it to the Chamber of Acknowledgment of Truth and Responsibility, or if, to define the legal situation, it is appropriate to abdicate the exercise of criminal or disciplinary actions, or apply any other legal mechanism according to the case. The resolution that defines the legal situation will become res judicata.

(g) To ensure the efficient, effective and swift functioning of the justice component, the Chamber will have the broadest possible powers in order to organize its tasks, compose work commissions, establish priorities, accumulate similar cases and define the sequence in which they will be addressed, as well as adopt criteria of selection and de-congestion. For the exercise of these powers it will be aware of the need both to avoid serious and representative conducts to remain unpunished and prevent the congestion of the Tribunal.

51. The Investigation and Indictment Unit will be the body that satisfies the right of the victims to justice when there is no collective or individual acknowledgment of responsibility. It will have the following tasks:

  • Investigate and, in case necessary, accuse before the Peace Tribunal those persons whose cases have been sent by the Chamber for the Acknowledgment of Truth and Responsibility or by the Chamber for the Definition of legal situations.
  • Decide the measures of protection applicable to victims, witnesses and others who are part of the proceedings.
  • Request the Section of first instance of the Peace Tribunal for cases in which there is absence of acknowledgment of truth and responsibility, the adoption of protective and precautionary measures to ensure a proper ending of the process.
  • Organize its tasks, compose working commissions, establish priorities, accumulate similar cases and define the sequence in which they will be addressed, as well as adopt criteria of selection and de-congestion. In the exercise of these faculties, it will be aware of the need both to avoid serious and representative conducts to remain unpunished and to prevent the congestion of the Tribunal.
  • If, on the basis of the decisions that have been made, it considers that it is not necessary to investigate or accuse, it can send the case to the Chamber for the Definition of legal situation or to the Chamber of Amnesty and Pardon.

The Unit will count with an investigative support team, selected by its Director, a team that will work with integrity and independence under the guidance of the Director.

52. The Peace Tribunal will have different Sections. In concrete, there will be a Section of first instance in case of acknowledgment of truth and responsibility, which would issue sentences. It will have another Section of first instance for cases in which there is absence of acknowledgment of truth and responsibility, where judgement after trial will be carried out and sentences will be issued, whether acquittal or convicting. In this case, the ordinary or alternative sanctions that correspond will be imposed.

It will have another Section for the review of sentences, with the task of reviewing the sentences issued by justice, according to the established in article 58. At the request of the sanctioned party, it will receive the cases that have already been judged by jurisdictional bodies or sanctioned by the Procurator-General of the Nation or the Comptroller of the Nation, provided they are not eligible for amnesty or pardon. It will exercise any other task established expressly in this document.

It will also have a Section of Appeal to decide the challenges to the sentences issued by any of the sections of first instance. In second instance the sentence can’t be aggravated when the sanctioned party is the only appellant.
The resolutions of the Chambers and Sections of the justice component may be appealed before the same Chamber that issued them and before the Tribunal’s Section of Appeals, only at the request of the recipient of the resolution or sentence.

In the event in which the sentences of the Sections violate fundamental rights of a victim with direct and legitimate interest, he/she can request protection through the presentation of a resource before the Section of Appeals, which should be resolved within 10 days.

When the Peace Tribunal has finished its tasks, a mechanism will be established for the creation of a Section, whose main task will be to ensure stability and effectiveness in the Resolutions and Sentences adopted by the justice component of the CSTJRNR, as well as its accomplishment.

If, after the Peace Tribunal has finished its functions, orders or legal, administrative or disciplinary resolutions are issued, with accusations about conducts that are competence of this Special Jurisdiction for Peace, the mechanism as described in the previous paragraph will enter into force again, in case it didn’t exist anymore, and once it qualifies the suitability and the merits of the accusations, if necessary, the Investigation and Indictment Unit and/or the Chambers and Sections that it deems necessary to prosecute the accused according to the established in the regulative norms of the Special Jurisdiction for Peace will become operational again. If after its qualification it considers that there is no need for proceeding with the new constitution of the Investigation and Indictment Unit and/or the Chambers and Sections, it will issue a resolution that defines the legal situation of the person involved. The Section as described in the previous paragraph will evaluate if the accused person meets the requirements established by the system to have access to the special treatment, if he/she hasn’t attempted to escape from its competence. If this is not the case, the accused person won’t have the opportunity of recognizing truth and responsibility before the Chamber.

53. The Section of first instance of the Peace Tribunal for cases of acknowledgment of truth and responsibility will have the following tasks:

  • Evaluate the correspondence between the recognized conducts, those responsible of them and the sanctions, starting from the resolution issued by the Chamber for the Acknowledgment of Truth and Responsibility and establishment of the facts. It will verify that the resolution corresponds to the legal descriptions of the acknowledged conducts that can’t be object of amnesty and pardon. In case it is decided that there is no correspondence, it will communicate this resolution to those who did the acknowledgment so that they will be listened to, after listening to the Chamber for the Acknowledgment of Truth and Responsibilities. Once it has listened to these, it will issue its sentence.
  • Once the previous correspondence has been approved, impose the respective sanction, described in the List of sanctions, attending the proposal for a sanction included in the Resolution of the Chamber for the Acknowledgment of Truth and Responsibility.
  • Establish the conditions and modes of performance of the sanction according to the established in the List of sanctions attending the proposal for a sanction included in the Resolution of the Chamber for the Acknowledgment of Truth and Responsibility.
  • Supervise and certify the compliance of its sentence with the support of the bodies and mechanisms of monitoring and verification of the comprehensive system that have been appointed to that purpose, which should submit periodic reports on compliance.

54. The Section of first instance of the Peace Tribunal for cases in which there is absence of acknowledgment of truth and responsibility will have the following tasks:

  • Bring the person to a judgment after trial and, according to the case, sanction or absolve him/her.
  • Impose ordinary sanctions to those who don’t acknowledge truth or assume responsibilities, if they resulted convicted.
  • In case that a judgment after trial is started without acknowledgment of truth and responsibility, and during the trial, before issuing a sentence, the offender acknowledges truth and responsibility, alternative sanctions, described in the list of sanctions, will be imposed, which will be more severe than those imposed to the ones who acknowledged truth and responsibility before the Chamber of Acknowledgment.
  • Once the decisions of the Tribunal have been taken, it will seek to place the conducts within the context of the armed conflict. It can establish symbolic or reparative obligations for the State and organizations, respecting the due process and provided the organization or the State have omitted effective procedures to prevent the punishable conduct. Moreover, it can establish guarantees of non-repetition as has been done by national law as well as by international law, and always according to the established in the Final Agreement.
  • Learn about the indictments presented by the Investigation and Indictment Unit.
  • At the request of the Investigation and Indictment Unit, protective and precautionary measures will be adopted to ensure the proper ending of the process.
  • When it adopts the decisions, the Tribunal can declare that the analyzed conduct complies with the requisites for amnesty or pardon; in this case, it will be send to the Chamber of Amnesty or Pardon; or consider that the definition of the legal situation has to be different from an acquittal or conviction, event in which it will be send to the Chamber for the Definition of legal situations.

55. The final sentences issued by the Peace Tribunal will be send immediately to the Commission for the Clarification of Truth, Coexistence and Non-repetition.

56. All the sentences of the Peace Tribunal, as well as the resolutions of the Chambers of the justice component that define the legal situations or grant amnesty or pardon, will become res judicata when they are final and its immutability will be ensured. Such sentences can only be invalidated or withdrawn by the Tribunal itself, because of restrictive causal factors expressly determined.

57. Any decision adopted by a jurisdictional body or another authority that intends to invalidate the amnesty, the pardon or another measure adopted by the system, will have to be submitted to the Peace Tribunal, so that it can verify if the decision taken infringes the principles of the CSTJRNR.

58. The Peace Tribunal’s Section of Review will have the following tasks:

(a) At the request of the Chamber for the Definition of legal situations, the sentences imposed by justice will be sent to the Peace Tribunal’s Review Section so that the latter, if circumstances allow so, can decide the corresponding sanction, according to the list of Sanctions and determines if there was already an effective accomplishment of it, without undermining the satisfaction of the rights of the victims to reparation and non-repetition. This sentence can never aggravate the sanction previously imposed by justice.

(b) At the request of the person sentenced, it shall revise the sentences issued by justice because of non-existence of the fact or because of a manifest error in its legal qualification, by conducts committed on the occasion of the conflict or related to it, or to social protest, whenever the conditions of the System are complied with.

(c) Regarding the conducts and facts object of the procedures and norms of the Justice component, if requested by any Chamber or Section and whenever there are doubts, determine if the conducts related to financing have or haven’t been related to rebellion, according to the criteria established in the amnesty law.

(d) Exceptionally, review the resolutions or sentences imposed by the justice component, if the matter so merited because of the causal factors established by the norms of development of the justice component of the CSTJRNR.

(e) Decide on the requests made by the Chamber of Acknowledgment of Truth and Responsibility, requesting an order for some person to appear before the special jurisdiction for peace, and deciding before which body he/she should appear.

(f) Resolve the conflicts of competence between Chambers, between a Chamber and the Investigation and Indictment Unit or any other conflict of collision that arises after the presidents of the Chambers or the Director of the Unit involved have met in order to find a consensual solution to the conflict or collision and haven’t been able to resolve it.

(g) Examine and decide on any decision adopted by a legal body or another authority that intends to derogate the amnesty, the pardon or any other measure adopted within the system, verifying among others if said decision infringes the principles of the CSTJRNR.

59. Regarding the responsibility of the members of the FARC-EP, International Humanitarian Law, International Law of Human Rights and International Criminal Law will be taken into account. The justice component of the CSTJRNR will take into account the relevance of the decisions taken by this organization that are relevant to the analysis of responsibilities. The responsibility of the FARC-EP commanders for acts carried out by their subordinates should be based on the effective control of the respective conduct, on the knowledge based on the information he/she had to its disposition before, during and after the respective conduct, as well as in the means he/she had within his/her reach to prevent, and in case it happened, make the relevant decisions. The responsibility of a commander cannot be based exclusively on his/her rank or hierarchy.

60. The main purpose of the sanctions will be to satisfy the rights of the victims and consolidate peace. They will have the biggest amount of restorative and reparative functions of the damage caused, always related to the level of acknowledgment of truth and responsibility before the Justice component of the CSTJRNR through individual or collective declarations.

The sanctions of the SJP that will be imposed to those who acknowledge truth and responsibility before the Chamber of Acknowledgment, regarding certain very serious offences, will have a minimum duration of fulfillment of the reparative and restorative functions of the sanction of five years and a maximum duration of eight years.
They will include effective restrictions of freedom and rights, such as freedom of residence and movement that will be necessary for its execution, and should also ensure non-repetition.

Effective restriction means that there should be ideal mechanisms of control and oversight to guarantee the compliance in good faith of the restriction ordered by the tribunal, in such a way that it can supervise promptly the compliance, and certificate if it was complied with. The SJP will determine the conditions of effective restriction of freedom that are necessary to ensure the compliance of the sanction, conditions that under no circumstance will be understood as prison or adopting similar measures of securing.

In case there has been acknowledgment of truth and responsibilities before the Chamber, the restrictions of the previous rights and liberties will be less than in the case of acknowledgment of truth and responsibility before the Tribunal or in case of non- acknowledgment.

The alternative sanctions for very serious offences that will be imposed to those who acknowledge truth and responsibility before the Section of Judgments, before the Sentence, will have a function essentially retributive of a deprivation of liberty from 5 to 8 years.

For the above assumptions, the norms of development determine in what way the sanctions will be classified and in which cases sanctions less than 5 years will be applied to those who have not had a decisive participation in the most serious and representative conducts, even if they intervened. In this case, the minimum penalty will be two years and the maximum penalty will be 5 years.

The ordinary sanctions that will be imposed when there is no acknowledgment of truth and responsibility, will comply with the functions described by criminal legislation, without undermining the possibility of obtaining redemption in the deprivation of liberty, provided the person sentenced commits to contributing with his/her social rehabilitation through work, training programs or study during the time he or she is deprived of liberty. In any case, the effective deprivation of liberty won’t be less than 15 years or exceed 20 years in the case of very serious conducts.

The so-called alternative and ordinary sanctions do include effective deprivation of liberty like prison and/or any measure of securing.

Regarding the implementation of the sanctions, in the case of the State agents, the special prison jurisdiction will be applied, subject to the system’s monitoring mechanisms. The definitive configuration of the sanctions of the system applicable to State agents will be decided before the signing of a Final Peace Agreement, respecting what has already been established by the SJP regarding its own, alternative and ordinary sanctions.

61. The Resolutions and sentences imposed, according to the special norms of the justice component of the comprehensive system, will set out the content of the sanction, the place where it should be fulfilled, as well as the conditions and the effects of the sanctions for the crimes that are not eligible for amnesty in a precise way. 

62. The places where the sanctions will be implemented will be subject to a regime of security and surveillance that ensures the life and physical integrity of the sentenced persons. The displacement in order to carry out activities according to the compliance of the sanction will be monitored by the national or international body agreed by the parties. The displacements of the sanctioned persons shall be compatible with the compliance of the sanctions.

Within the justice component of the CSTJRNR, a body will be created to verify the compliance of the sanctions. Mentioned body will also grant the necessary authorizations for displacements that are not compatible with the compliance of the sanction.

63. Those persons who, without being part of the armed groups or organizations, have contributed directly or indirectly with committing crimes in the context of the conflict, will be able to be included in the justice mechanisms, without undermining the established by article 48 t) of this document, and receive the special treatment determined by the norms, provided they fulfill the conditions established of contribution to truth, reparation and non-repetition.

64. The Chamber for the Definition of legal situations will be able to apply mechanisms of cessation of procedures aimed at extinction of responsibility, when it deals with contexts that are related to the exercise of the right to protest or internal disturbances. The state authorities, social organizations, trade unions, human rights organizations and processes that are part of the Agrarian, Ethnic and Popular Summit will contribute with information to the Chamber in case of the following crimes: coup, obstruction of public roads, launching of hazardous substances, violence against public servant, disturbance of the public transport service, damage to third-party property, personal injury and other crimes committed within the framework of the Citizen Security Law.

65. The Peace Tribunal will consist of Colombian judges. This does not prevent the persons who are submitted to its Jurisdiction from requesting the Section that will deal with his/her case to be composed by 3 Colombian judges and 2 foreigners. They should elect 20 Colombian judges, and also 4 foreigners who will operate in the Section in case it is required.

All of them should be highly qualified and experts in different fields of Law should be included, with a focus on knowledge of IHL, Human Rights or conflict resolution. The members of the Tribunal should be chosen with criteria of gender equity and respect for ethnic and cultural diversity, and they will be elected through a selection process that instills confidence in the Colombian society and its different sectors.

To be elected Judge of the Peace Tribunal, the person should meet the same requirements as for being judge of the Constitutional Court, of the Supreme Court or of the State Council of Colombia, except the Colombian nationality for the foreigners. In no case, a career system will be applied.

In the case the number of judges increases, the number of foreign judges will increase proportionally.

Persons who have helped with the elaboration of this document can’t be elected judges.

66. Every Chamber will be integrated by a minimum of 6 highly qualified judges and should include experts in different fields of Law, with a special focus on knowledge of IHL, Human Rights or conflict resolution. Its members should be chosen with criteria of gender equity and respect for ethnic and cultural diversity, and they will be elected through a selection process that instills confidence in the Colombian society and its different sectors.

To be elected Judge of Chamber, the person should meet the same requirements as for being judge of a Higher District Court. In no case, a career system will be applied.
Regarding the nationality of the judges, there can be up to two foreign judges for each Chamber, at the request of the person appearing.

The Investigation and Indictment Unit will be composed by a sufficient number of professionals of Law, highly qualified in the field of investigation and indictment, and it should include experts in different fields of Law, with a special focus on knowledge of IHL and Human Rights. It should count with a technical-forensic investigation team, which could be internationally supported, especially in matters of exhumation of the remains of disappeared persons. Its members should be chosen with criteria of gender equity and respect for ethnic and cultural diversity, and they will be elected through a selection process that instills confidence in the Colombian society and its different sectors. The Unit will count with a special investigation team for cases of sexual violence. For the cases of sexual violence, the special provisions on practices of evidence in this matter, included in the Rome Statute, will be applied.

The Unit will be able to request other competent bodies of the State or human rights or victims organizations, to inform regarding facts about which there is not enough information available.

Before the signing of the agreement, the parties will decide the number and nationality of the members of this Unit.

68. The parties will establish by mutual agreement and before the signing of the final agreement, the criteria for selection and appointment of the Magistrates of Chambers and Sections, the members of the Investigation and Indictment Unit and the Executive Secretary. The mechanism of selection that is established will appoint an initial President of the Special Jurisdiction for Peace, a Director of the Investigation and Indictment Unit and an Executive Secretary, for which it must consider the regulations of mentioned jurisdiction the period of previous job performance and the procedure of election of the successive Presidents, Directors or Secretaries.

69. The parties will determine during the peace conversations and before the signing of the final agreement, the system of access to documents and sources of information.

70. The State should make the justice component of the CSTJRNR operational as quickly as possible after the signing of the Final Agreement, The Chambers and the Investigation and Indictment Unit should Final become operational at the latest three (3) months, counted from the signing of the Agreement. There shouldn’t be more than one month between the moment in which the Chambers become operational and the moment in which the Sections do so.

71. The CSTJRNR will assess the necessary measures for non-repetition. In any case the State should ensure non-repetition of the committed crimes regarding the Patriotic Union.

72. Extradition shall not be allowed nor will there be taken measures of protective nature with the purpose of extradition regarding facts or conducts object of this System, caused by or occurred during the internal armed conflict or on the occasion of it until its end, whether it be crimes eligible for amnesty or not eligible, and especially for no political offence, of rebellion or related to the mentioned, whether committed inside or outside of Colombia.

Such guarantee of non-extradition includes all the members of the FARC-EP and the persons accused of belonging to mentioned organization, for any conduct carried out previously to the signing of the final agreement, for those persons who submit themselves to the CSTJRNR.

When it is alleged, regarding a member of the FARC-EP or a person accused of being a member of this organization, that the conduct incriminated in the request for extradition occurred after the signing of a Final Agreement, the Review Section of the Peace Tribunal will evaluate the incriminated conduct to determine its exact date and decide the appropriate procedure.

In the event the conduct occurred before the signing of the Final Agreement, it will be sent to the Chamber of Acknowledgment to be dealt with; in this alleged case, extradition is always excluded. If it happened after the signing of the Final Agreement, it will be sent to the competent authority for its investigation and sentencing in Colombia, without excluding the possibility of extradition.
Only regarding conducts committed previously to the signing of a final agreement, if there exists a request for extradition regarding family members up to the second degree of consanguinity and the first degree of affinity, of members of the FARC-EP or of a person accused of belonging to mentioned organization, it can be submitted to the Section of Review of the Peace Tribunal so that it can decide if the request is motivated by facts or conducts related to the membership, or accusation of membership of the FARC-EP, the family member of the person who has been requested in extradition. In case these are the reasons, for dealing with a claim or accusation for conducts that have never been a reason for extradition requests before, nor do they meet the requirements for it, the Section can deny the extradition and in this case decide if the fact or the conduct is competence of the CSTJRNR or if it should be investigated and judged by ordinary criminal jurisdiction. The previous case should be submitted to the Review Section by any of the former members of the FARC-EP who signed the Final Peace Agreement.

The SJP should resolve the issues it faces regarding extradition within a period of not more than 120 days, except in justified cases that depend on the collaboration of other institutions.
In the Final peace Agreement the additional measures will be determined to guarantee and assure what has been previously established, as well as to avoid other persons who are offering Truth before the CSTJRNR to be extradited before they finished offering truth.

73. The State should consult with the indigenous people the way and the moment in which the decisions that have been adopted or will be adopted by their respective jurisdictions, regarding conducts object of the present Justice component, will fall under its competence. The above except if there has been a previous and express decision of acceptation of the competence of the Justice component of the CSTJRNR.

74. The CSTJRNR in its functioning should focus on making an end to impunity. Legal mechanisms will be created, outside of the Special Jurisdiction for Peace, according to the agreed by the parties, such as a unit for the investigation and dismantling of criminal organizations, including the criminal organizations that have been considered successors of paramilitarism, and its support networks referred to in point 3.4 of the General Agreement of August 26, 2012, which will be created as soon as possible and in any case before the signing of the Final Agreement.

On the other hand, the Government will implement effective strategies and instruments to contribute to the clarification of the phenomenon of paramilitarism; simultaneously, the Government will take measures to strengthen the clarification of the phenomenon within the processes of Justice and Peace and within Law 1424 of 2010. The foregoing does not prevent the Government from implementing other instruments in order to achieve the clarification of this phenomenon.

In any case, the Special Jurisdiction for Peace can establish autonomously mechanisms of cooperation and protocols of access to the existent information to the bodies administering justice of the processes of Justice and Peace and Law 1424 of 2010.

75. All the operators of the justice component of the CSTJRNR should interpret the relevant rules and make its decisions taking as a guiding principle that peace, as a synthesis right, is a necessary condition for the exercise and enjoyment of all others rights.

LIST OF SANCTIONS

The present list delineates sanctions that may be imposed by the Peace Tribunal. This list will be complemented at a later stage.

In accordance with the document Basic Principles of the Justice Component for a Comprehensive System of Truth, Justice, Reparation and Non-Repetition (CSTJRNR) drawn up by the Commission of Justice, in particular as indicated in articles 60 and 63, the present list of sanctions is established, taking into account the following:

  • The extent of truth disclosed by the person
  • The gravity of the sanctioned conduct
  • The degree of participation and responsibility, and
  • The commitments made in terms of reparations of victims and guarantees of non-repetition.

The activities, tasks or work accomplished personally and directly from the moment in which the agreement on “Cleaning and decontamination of the territory of the presence of unexploded ordnance, explosive remnants of war and cleaning of antipersonnel mines”, was agreed, by any individual under the Special Jurisdiction for Peace will be considered, at the request of the person concerned, by the Chamber of Acknowledgment of Truth and Responsibility and by the Peace Tribunal at the moment of imposing sanctions on the applicant, provided the following requirements are met:

  • The undertaken activity should have led to victim reparation or should have had a restorative impact.
  • Its fulfillment should be certified by the verification mechanisms agreed by the parties for each activity, task or work, or by the verification mechanisms agreed by the parties in point 6.1 of the General Agreement of August, 26, 2012, regarding the compliance of the conditions of CSTJRNR.
  • It should be compatible with the list of sanctions.

There are three kinds of sanctions:

I.- Sanctions applicable to persons that comprehensively acknowledge truth in the Chamber for the Acknowledgment of Truth and Responsibilities:

The sanctions inherent to the system, according to the established by article 60, are of a restorative and reparative nature, as are restrictions of rights, such as the freedom of residence and mobility. The sanctions must guarantee non-repetition.
The present list enumerates particular sanctions designed in relation to the compliance of the agreements reached, amongst others, in the following: I “Towards a New Rural Colombia: Integral Rural Reform,” II “Political Participation and Democratic Opening for the Construction of Peace” and IV “Solution for the Issue of Illicit Drugs,” which form part of the dialogue’s agenda. In addition, sanctions related to the damage inflicted on minors, women and other affected subjects will be incorporated. This addresses the need for reparation and restoration of victims of the armed conflict, to the largest extent possible. 

The implementation of sanctions may be effectuated within a period previously established that takes into account results, such as for example the construction of a certain infrastructure, without undermining the duration of the sanction imposed by the tribunal in each case.

Persons appearing before the Chamber for the Acknowledgment of Truth and Responsibility may present a detailed individual or collective project for the execution of work, tasks or reparative and restorative activities. Said project will specify the obligations, objectives, temporary phases, working hours and places of the work as well as the persons carrying it out and the place where they will stay. The sanctions imposed by the Tribunal will pre-establish the places where the persons who carry out the projects will reside. The places of residence will meet the appropriate standards of habitability and dignity.

The plan should establish a mechanism for the consultation of victims’ representatives who reside in the respective areas in order to give them room for their opinion and ensure that they are not opposed to the plan. If victims deem it necessary, they may communicate their opinion on the plan to the Tribunal. The Tribunal has the full authority to decide on the project.

Mentioned project must have previously been approved by the Chamber for the Acknowledgment of Truth and Reparation and must be issued by the Chamber should the persons appearing before not present it.

Collectives, institutions or organizations that belong to persons appearing before the Chamber will have the obligation to and responsibility for guaranteeing the execution of the sanction and monitoring its compliance, without prejudice to the verification function for compliance of sanctions inherent to an international monitoring mechanism.

The Section of first instance of acknowledgment of truth and responsibility will determine the effective execution of the sanction.

The sanctions will be executed, as far as the FARC-EP is concerned, in coordination with the agreed on abandonment of arms and re-incorporation of the FARC-EP to civil life.

The project may include, amongst others, the following work, tasks or activities, which must not be incompatible with public State policies on the matter, provided that the previous are in accordance with the ethnic and cultural traditions and customs of the communities:

A. - Rural areas.

1. Participation/Execution in/of reparation programs for displaced farmer peasants.

2. Participation/Execution in/of programs for the protection of the environment in reserve areas.

3. Participation/Execution in/of programs for the construction and reparation of infrastructures in rural areas: schools, roads, health centers, housing, community centers, municipal infrastructures, etc.

4. Participation/Execution in/of rural development programs.

5. Participation/Execution in/of programs for the elimination of waste in areas where this may be necessary.

6. Participation/Execution in/of programs for the improvement of electrification and communication connectivity in agricultural areas.

7. Participation/Execution in/of programs for the substitution of illicit crop cultivation.

8. Participation/Execution in/of programs for environmental recovery of areas affected by illicit crop cultivation.

9. Participation/Execution in/of programs for the construction and improvement of road infrastructure needed for the commercialization of agricultural products in zones of illicit crop substitution.

B. - Urban areas

1. Participation/Execution in/of programs for the construction and reparation of infrastructures in urban areas, schools, roads, health centers, housing, community centers, municipal infrastructures, etc.

2. Participation/Execution in/of programs for urban development.

3. Participation/Execution in/of programs for accessing drinking water and the construction of sanitary networks and systems.

C. - Clearance and eradication of explosive remnants of war, munitions, unexploded ordnance and antipersonnel landmines within national territory that has been affected by these devices.

1. Participation/Execution in/of programs for the clearance and eradication of explosive remnants of war and unexploded ordnance.

2. Participation/Execution in/of programs for the clearance and eradication of antipersonnel landmines and improvised explosive devices.

II. - Sanctions applicable to those who acknowledge truth and responsibilities for the first time in the contradictory process before the Section of first instance of the Peace Tribunal, prior to the pronouncing of a sentence. 

Alternative sanctions for very serious offences that are imposed on those that acknowledge truth and responsibility before the prosecution chamber, prior to the pronouncing of a sentence, will have an essentially retributive function consisting of liberty deprivation of 5 to 8 years in prison.

1. Should a person come forward after the accusation has been presented to the Tribunal by the Investigation and Indictment Unit, and if the acknowledgment of truth and responsibility has been exhaustive, complete and detailed, the Tribunal will evaluate the reasons why the person in question did not appear in due time before the Chamber for the Acknowledgment of Truth and Responsibility. If it finds that the omission was fully justified, then the sanction to be imposed may be adjusted.

2. Should the Peace Tribunal, in any of its cases, find that the acknowledgment of truth and responsibility made before it was not exhaustive, it may impose alternative sanctions in accordance with the following procedure:

The competent Section of the Peace Tribunal will determine the sanction that corresponds to the crimes, conducts or offences committed, in accordance with the norms established in Colombian Criminal Law.
The competent section will subsequently impose an alternative sanction that consists of deprivation of liberty for a minimum of five (5) and a maximum of eight (8) years, depending on the gravity of the crimes and the degree of acknowledgment of truth, responsibility and effective cooperation in the disclosure of such crimes.

To be entitled to an alternative sanction, the beneficiary will have to commit to contribute to his or her re-socialization through work, training or education during his or her period of liberty deprivation, and if possible promote activities aimed at non-repetition.

Once the sanction and conditions imposed in the sentence have been complied with, the beneficiary will be released.

Under no circumstances will substitute penalties, additional benefits or additional reductions of sentences be applied.

III. – Sanctions applicable to persons that do not acknowledge truth and responsibility in the contradictory process before the Section of first instance of the Peace Tribunal and are found guilty by the Tribunal. 

Ordinary sanctions that are imposed when there is no acknowledgment of truth and responsibility correspond to the functions envisaged by the Criminal Code, without prejudice to obtaining redemption during the period of liberty deprivation, provided that the convicted person commits to contribute to the re-socialization through work, training or education during time spent deprived of liberty. In any case, the effective deprivation of liberty will not be inferior to 15 years or exceed 20 years in case of serious breaches or violations.

Substitute penalties, additional benefits or additional reductions of sanctions envisaged by the Colombian Criminal Law may be applied, provided that the beneficiary commits to contribute to his or her re-socialization through work, training or education during time spent deprived of liberty and engages in activities aimed at the non-repetition of damage caused following his or her release.

Once the sanction imposed by the sentence has been complied with, he or she will be released on probation if he or she has committed to engage in activities aimed at the non-repetition of damage caused following his or her release that came as a result of a reduction of the imposed sanction. The probation period expires once the sanction has been complied with by completing the activity of promoting the non-repetition of the damage caused, and in any case, expires when the sentence imposed by the Peace Tribunal has been served.

Concurring opinion, Inter-American Court of Human Rights, case El Mozote massacre and nearby places vs. El Salvador (sentence of October 25, 2012)

4. Reparation

5.1.3.  Reparation: Measures on comprehensive reparation for peace building

5.1.3.1. Timely measures for the acknowledgment of collective responsibilities

Aiming to contribute to full satisfaction of victims´ rights, mark the symbolic moment of a new beginning, and create a positive environment for the construction of peace, both sides - the Government and the FARC-EP - established that, in development of the agreement here presented, the National Government will support events – as soon as possible and after the signing of a final agreement - of acknowledgment and contrition in which both the Government, the FARC-EP and different sectors of society that might have had any involvement in the conflict, assume collective responsibility for the damage caused and appeal for forgiveness for what corresponds to each part, as an expression of willingness to contribute to a definitive “Never Again”.  All this without undermining any other voluntary acts of acknowledgment of individual responsibility that could take place at this early stage.

All collective acts will be formal, public and solemn, and will be held both at a national level and in the territories, for which the National Episcopal Conference, with the support of the Interchurch Dialogue for Peace, DIPAZ (Acronym in Spanish, NT) and other churches will be invited to coordinate these events, directly consulting the victims´ and human rights organizations, among others.  The coordinators should encourage acts that meet the expectations of victims and communities, empower them, prevent further victimization, and contribute to laying the bases to work on the promotion of peaceful coexistence and guarantees of non-repetition.

Besides the acknowledgment of responsibility and the public appeal for forgiveness, these scenarios may also include demonstrations of commitment to contribute, with concrete measures, to victims’ compensation, peaceful coexistence, and guarantees of non-repetition and, in general, to the peace building process.

All this without excluding the possibility for the Government, the FARC-EP or any other sector of society to carry out events of acknowledgment of collective responsibilities, before the signing of the Final Agreement.

5.1.3.2. Concrete measures to contribute to reparation

Within the framework of the conflict, the National Government and the FARC-EP have agreed that the National Government will promote and implement all necessary measures to enable all those who caused harm in the context of the conflict and express their willingness and commitment to directly contribute to the satisfaction of victims and communities, will be able to do so through participation in concrete restorative actions. All this should be the result of timely events of acknowledgment of responsibility whenever possible and in coordination with the programs for territorial collective reparation, if necessary.

Under the Comprehensive System of Truth, Justice, Reparation and Non-repetition, all those who have caused harm during the conflict must contribute to repair them. This contribution to reparation will be taken into account to receive any special treatment in matters of justice.

Within the framework of the comprehensive system, the National Government will take the necessary measures to promote participation in different measures or reparation that will be designed to that effect, of state agents and others who have been involved directly in the conflict causing harm as a consequence of serious Human rights violations or breaches of International Humanitarian Law, also of those who have indirectly participated in the conflict and may have had some responsibility in it.

Furthermore, the National Government will adopt measures to promote and, if necessary, ensure collective actions of reparation by different state entities that may have been responsible for causing harm during the conflict.

The FARC-EP commits on the re-incorporation process to civilian life and, as part of this process, to carry out actions that contribute to reparation for any harmed caused, which may include, among others, participation in infrastructure reconstruction projects in those territories most affected by the conflict, involvement in cleaning and decontamination programs to remove anti-personnel mines (APM), improvised explosive artifacts (IEA) and unexploded ordnance (UXO) or explosive remnants of war (ERW), participation in programs for the substitution of the illicit use of crops, contribution with the searching, location, identification and recovery of remains of the persons reported as missed or dead during and within the context of the conflict, and participation in environmental restoration programs such as reforestation.

The National Government and the FARC-EP invite those who have participated directly or indirectly in the conflict and caused harm, to participate with concrete reparation actions within the framework of the Comprehensive System.

5.1.3.3   Collective reparation at the end of the conflict

Within the framework of the end of conflict, the National Government and the FARC-EP have agreed that the National Government will strengthen collective reparation processes and will guarantee that the plans and programs of the comprehensive rural reform will have a restorative approach, if required so.
                 
5.1.3.3.1. Restorative nature of Rural Development Plans with a Territorial Approach (RDPTA)

The level of victimization and affectation, as criteria to define the areas where the RDPTA´s are going to be implemented has a restorative intention, and to that extent, a restorative nature for victims and communities will be sought during its implementation.

5.1.3.3.2 Plans for collective reparation with a territorial approach.

Aiming to acknowledge harm caused by the conflict to the communities and to contribute with the transformation of their living conditions for them to be able to re-build their projects, within the framework of the end of the conflict, the National Government will strengthen the processes of territorial collective reparation, in line with this Agreement.

With that in mind, all the RDPTAs will include plans for collective reparation; and in those territories where RDPTAs are not implemented, collective reparation plans will be reinforced in particularly victimized communities, prioritizing their own proposals.

In both cases, the collective reparation plans with a territorial approach must incorporate the following aspects:

  • Material and symbolic measures for addressing the harm: Measures targeting direct, individual and collective victims, such as dignifying actions, memorials, tributes and commemorations, infrastructure projects, and memorial architecture.
  • Coexistence and reconciliation measures: Measures aimed at addressing harm caused in the social fabric and promote coexistence within communities including victims, former members of paramilitary organizations, members of the FARC-EP in process of re-incorporation to civilian life, and others who might have had some participation in the conflict. Also, measures to build and strengthen trust between public authorities and communities.
  • Articulation: Collective reparation plans must be articulated, if appropriate, with the RDPTAs, and with the different agreed plans and programs, as well as with the diverse efforts of truth and justice.
  • Action plans: An action plan will be prepared for collective reparation in a participative way. These plan should include: i) A diagnosis of the collective harm, ii) The identification of material and symbolic measures that will be implemented as matters of priority, and iii) A schedule for its implementation.
  • Participation mechanisms: Active participation of the victims and their organizations, alongside territorial authorities, will be the base of the territorial collective reparation. In order to do so, participation scenarios will be created to define the priorities for the implementation of collective reparation measures, assure community participation in the implementation of the reparation measures, and establish monitoring and oversight mechanisms for the projects. Women’s participation in these participation mechanisms will be guaranteed.
  • Measures of contribution to reparation: If appropriate, the collective action plans will include participation of those who caused harm within the framework of the conflict, in the development of concrete actions that contribute to the reparation referred to in this Agreement.

5.1.3.3.3. National plans of collective reparation
Within the framework of the end of the conflict, the National Government will strengthen national Plans of collective reparation that will have a gender approach, and will target communities composed by groups, organizations including those of women, economic associations, and political and social parties or movements –particularly those of the opposition-, among others, in order to acknowledge the special characteristics of their victimization, regain their identity and organizational capacities, and to rebuild their abilities to have a legal influence over the development of  local and national policies. These plans should also contribute to coexistence, non-repetition, and reconciliation. 
Within the framework of these Plans, efforts will be made to the acknowledgement of responsibilities by the State, the FARC-EP, paramilitary groups, and any other group, organization or institution that may have caused harm during the conflict.

     5.1.3.4.        Psycho-social rehabilitation

     5.1.3.4.1.        Measures for Individual emotional recovery

Within the framework of the conflict, and with the purpose to attend and contribute to heal victims’ suffering, the National Government and the FARC-EP have agreed that the National Government, in development of this Agreement, commits to expand the public coverage and the territorial deployment and to improve the quality of psycho-social attention for the victims’ emotional recovery according to the specific harm they might have suffered, which includes the particular affectations of the victims of sexual violence. In consequence, local centers for the attention of the victims will be multiplied, and strategies of mobile units of attention will be adopted to reach the most distant areas.

Furthermore, in compliance of the agreements that have been reached, the National Government will reinforce access to mental health services for those victims who require them.

5.1.3.4.2      Psycho-social rehabilitation plan for coexistence and non-repetition

According to the collective reparation plans, and considering local initiatives for reconciliation, the National Government - within the development of this Agreement - will commit to expand coverage and improve the quality of collective rehabilitation strategies for the reconstruction of social fabric. These strategies will be developed through medium and long-term communitarian processes that will aim to generate common life projects for the future, strengthen trust between citizens and institutions, and achieve a peaceful coexistence by reestablishing the relations of trust among public authorities and communities, and promote coexistence inside the communities by including the victims, former members of paramilitary organizations, FARC-EP members in process of re-integration to civilian life, and also third parts that could have had some participation in the conflict. The implementation of these strategies will be accomplished by taking into account both differential and gender approaches.

These strategies will be developed through each of the following components:

  • Creation of scenarios for communitarian dialogue and collective grieving process that allow an individual and collective manifestation of suffering.
  • Restoration and generation of social, cultural, artistic, recreational and sports activities related to the interchange between citizens, and to the coexistence of communities.
  • Promotion of local initiatives directed towards reconciliation, dignification and acknowledgment.
  • Reflection about collective ideas on future life projects that allow giving a transforming sense to the reparation and achieve a pacific coexistence.
  • Creation of scenarios for pedagogy in order to strengthen social rejection of the violations and breaches that happened in the past, promoting the transformation of ideas that allowed or justified them.
  • Recovery of social practices that have been abandoned as a consequence of the conflict.
  • Promotion of pacts for peaceful coexistence inside the communities, that include both victims and those who might have had direct or indirect participation in the conflict, as well as processes of reconstruction of trust between public authorities and communities.

The psycho-social rehabilitation strategies for coexistence will be coordinated and complemented with the efforts made by the Commission for the Clarification of Truth, Coexistence and Non-repetition throughout its operational period.

5.1.3.5.       Collective return processes for people in displacement situation, and reparation of victims living abroad.

The National Government, within the framework of the end of the conflict and in development of this agreement, will launch, on one hand, collective programs with territorial and gender approach specifically for the return and relocation of people under displacement conditions, and on the other, accompanied and assisted return plans for victims living abroad, and will strengthen its articulation on a territorial level, with the implementation of other components of the Victim´s Reparation Policy, particularly those programs of collective reparation and land restitution, and with the implementation of the agreement called “Towards a new Colombian countryside: rural comprehensive reform", in those cases in which it is found appropriate.
To that end, measures will be implemented to guarantee individual or collective returns and relocations under conditions of safety, dignity, and voluntariness, which will take into account the following elements:

  • Identification of territories: The return and relocation plans will be priority in the same areas where RDPTAs will be implemented and other territories in which plans for collective reparation will be developed, and in coordination with land restitution processes.
  • Inter-institutional coordination: Return and relocation plans must be articulated, when possible, with all different plans and programs established, particularly the RDPTAs, the plans for water and rural housing, the measures for access to land, income generation, promotion of rural economy and cleaning and decontamination programs to remove APM, IEA, UXO or ERW, as well as to land restitution processes.
  • Security in the territories in order to return: In the areas prioritized for the implementation of return and relocation plans, the Government will establish the necessary security measures to guarantee the life and personal integrity of the communities, counting in any case, with their participation.
  • Strengthening of communitarian defenders: The Government will take the necessary measures to strengthen the communitarian defenders program, and particularly its functions of protection and promotion of human rights, for them to effectively accompany the processes of land restitution, return and relocation of people under situation of displacement and victims living abroad, including refugees and exiles involved in these processes, and to accompany and assist victims to guarantee access to institutional offers for the satisfaction of their rights.
  • The implementation of these return and relocation processes will require the involvement of specialized and interdisciplinary teams with capacities to guarantee the participative nature of the process, and the use of local funds.

As to the great number of victims that had to abandon the country as a consequence of different violations to human rights or breaches of IHL in the context of the conflict, the National Government, within the development of this agreement, will reinforce the program to acknowledge and repair victims living abroad, including refugees and exiles that have been victimized during the conflict, setting up “supported and assisted return” plans.  This assisted return will consist in the promotion of conditions to facilitate their return to the country, and to the construction of their life project, including dignifying reception conditions through coordination between these plans and the specific institutional offer to progressively guarantee access to basic rights, dignifying jobs, housing, health and education at all levels, fitting their own particular needs. The relocation will give priority to those areas from which they had to leave, respecting the victims’ choice. The National Government will adopt the necessary measures to articulate -when possible- these plans with other plans and programs agreed, particularly with the RDPTAs.
This, without undermining any of the different measures that must be adopted, in a scenario of the end of the conflict, to encourage and promote the return of exiles and other Colombians who abandoned the country because of the conflict.

                  5.1.3.6.      Land restitution measures

With the purpose of boosting and strengthening land restitution processes in an end-of-conflict scenario, and besides ensuring the articulation of the land restitution processes with the collective reparation processes, development programs with a territorial approach, as well as with other plans and programs resulting from the implementation of the Final Agreement, we have agreed that:

  • The application of the land restitution policy will obey, among others, to the technical criteria of the historical intensity of dispossession and conditions for the return, considering the recommendations concerning territorial focusing made by victims´ organizations and experts. The territorial entities must participate actively in the implementation of the restitution policy and contribute from the very formulation of the territorial development plans in the comprehensive attention to the populations that benefit from the restitution processes, including investments in infrastructure and public services.
  • The population that will benefit from the restitution processes will receive technical and financial support for the reconstruction of their life projects and strategies to generate income, strategies for the substitution of the illicit use of crops, strategies of recovery and reconstruction of social fabric; strengthening of the organizational processes and the construction of historical memory for reconciliation.
  • The information resulting from the inscriptions in the registry of forcibly despoiled and abandoned lands and the subsequent sentences referring to land restitution, will be included in the Registry of Victims in order to harmonize the registration and the access to the different measures of reparation.

5.1.3.7.    Implementation and participative strengthening of the Policy for attention and comprehensive reparation of victims within the framework of the end of the conflict and contribution to material reparation of the victims.

The National Government and the FARC-EP agree that in the context of the end of the conflict, it is necessary to strengthen the Policy for attention and comprehensive reparation for victims, adapt it to the needs and opportunities of this new context and assure that it will effectively contribute to coexistence, non-repetition and reconciliation.
In order to do so, the National Government will put into operation an effective process with the widest possible participation of the victims and their organizations, promoting scenarios for the discussion of their proposals with the competent authorities. This process will take place within the existing participation instances for victims, which will be extended and reinforced to that end, so that victims’ organizations and other victims who are not part of these mentioned instances may be included in this process.
In order to materialize the above mentioned, an event of broad participation shall be convened and celebrated, with victims’ organizations and victims, including those who are not part of any participation instances. Experts from the academy, specialized organizations and human rights defenders will be invited.
As a consequence of this process of participation and discussion of victims proposals, the National Government will make the necessary adjustments, and regulatory and political reforms to: adapt the Policy to the agreements made in the Reparation subsection, assure its articulation with the implementation of plans and programs at both local and inter-institutional levels resulting from the signing of the Final Agreement; overcome difficulties and embrace the opportunities provided by the end of the conflict, and make adjustments to the priorities for fund allocation, for the goals’ execution plans, and for the territorial an populational prioritization criteria for its implementation.
The process to strengthen and adapt the Policy for attention and comprehensive reparation, will seek to guarantee higher levels of territorial coverage in its implementation.
The process for the implementation and participative strengthening of the Policy for attention and comprehensive reparation will count with the oversight of existing instances for the participation of Victims at a local and national level. To that effect, these instances will be extended and strengthened through the participation of other victims and human rights and victims´ organizations.
Additionally, within the end of the conflict, the Government commits to implement the following agreed measures:

  • Elaborate an individual and collective victimization map, which will serve as a source of information and as an instrument of acknowledgment and memory over events committed during the conflict that are not included in the universe of victims, registered in the Program for the Comprehensive Reparation of the Victims, in coordination with the Commission for the Clarification of Truth, Coexistence and Non-repetition and the Special Unit for the Search of Missing Persons in the context and as a result of the conflict, as well as with the Special Jurisdiction for Peace.
  • Recognize the direct and indirect victims of serious human rights violations or breaches of IHL who have also been combatants. The reparation measures for members of the FARC-EP who have been victims will be discussed within the point of the Agenda concerning the re-incorporation process. In parallel, the National Government will strengthen attention and reparation measures for members of the Public Force who have been victims of serious human rights violations or breaches of IHL.
  • Take all necessary measures to ensure full and effective funding of the Policy of attention and comprehensive reparation for victims, including the strengthening of the Fund for the Reparation of Victims of Violence, expanding its financial sources and mechanisms to capture resources, as well as the promotion of the participation and oversight mechanisms as a way for the victims to have control over the Fund. The Government will provide subsidies for victims’ reparation if those who caused the harm individually in the context of the conflict don’t have sufficient resources to repair them.

Meanwhile, in the framework of the end of the conflict and within the parameters of the Comprehensive System of Truth, Justice, Reparation and Non-repetition, the FARC-EP as an insurgent organization acting within the framework of the offence of rebellion, commits to contribute to material reparations for victims and in general to their comprehensive reparation, on the basis of the events identified by the Special Jurisdiction for Peace. 
The terms of that material compensation will be specified within the framework of the Final Agreement.
In any case, the approval and implementation of the above measures will not imply limitation, cancellation or restriction of the rights currently acquired by the victims.

5. Non Repetition

5.1.4. Guarantees of non-repetition

The different mechanisms and measures of the Comprehensive System of Truth, Justice, Reparation and Non-repetition agreed by the National Government and the FARC-EP have the overarching goal of contributing to the prevention and guarantee of non-repetition of the violations and the conflict itself, in different ways.

The Comprehensive System of Truth, Justice, Reparation and Non-repetition helps to ensure non-repetition, first, by recognizing the victims as citizens who had their rights violated. The reparation measures and the measures regarding truth and justice, in particular the allocation of responsibilities and the imposition of sanctions by the Peace Tribunal for the Special Jurisdiction for Peace, should contribute to that purpose.

Second, by recognizing what happened in the context of the conflict and rejecting the serious violations of human rights and serious breaches of International Humanitarian Law, including those that have historically been less visible, like those committed against women, children and adolescents, as well as rejecting violence against groups, social movements and trade unions, and political parties, especially those from the opposition who were severely victimized, so that society will share the purpose that this should never happen again.

The National Government will take all measures, including those agreed in this agreement and any other necessary, to ensure that no party or political movement in Colombia will be re-victimized and that what happened with the Patriotic Union will never be repeated.

The report and recommendations of the Commission for the Clarification of Truth, Coexistence and Non-repetition; the results of the Unit for the Search of Missing Persons in the context and due to the conflict; the acknowledgments of responsibility; the judicial truth and the decisions cast by the Special Jurisdiction for Peace; and also the reparation measures, including measures of collective reparation, must contribute to the purpose of recognizing, clarifying and encouraging the rejection of what happened.

Third, by fighting impunity, with a special contribution of the Special Jurisdiction for Peace and the measures for the clarification of the truth and reparation. Accountability for what happened, based on the implementation of these measures, should contribute to the prevention and deterrence of further violations and is a fundamental guarantee of non-repetition of the violations and breaches and of the definitive end of violence the country has suffered because of the conflict. 

To fulfill this purpose, there will be created, outside the Special Jurisdiction for Peace, judicial mechanisms such as a unit of research and dismantling of criminal organizations, including criminal organizations that have been designated as successors of paramilitarism, and their networks of support, referred to in point 3.4. of the Agenda of the General Agreement.
And fourth, by promoting coexistence based on the acknowledgments of responsibility made within the framework of the Commission for the Clarification of Truth, Coexistence and Non-repetition, of the Special Jurisdiction for Peace and of measures of reparation. To the extent that these acknowledgments also include infringed rules and rights and commitments on non-repetition, they contribute to the strengthening of trust between citizens and to ensure the validity and respect of human rights. Thus, the foundations for coexistence are being laid, which in turn is the foundation of reconciliation and construction of a stable and lasting peace.

On the other hand, the overall objective of the Comprehensive System, and all the agreed on the matter of victims, of contributing to non-repetition, implies the necessary condition of compliance and implementation of what is agreed in the framework of point 3 of the Agenda of the General Agreement "End of Conflict", which should ensure the definitive end of the armed conflict and the implementation of all the agreements on human rights, with special emphasis on gender and a vision of territorial development and implementation.

The non-repetition of the conflict also requires the implementation of all agreements reached here, which according to the Government helps to reverse the effects of the conflict and change the conditions that have facilitated the persistence of violence in the territory; and that according to the FARC-EP contribute to solve the historical causes of the conflict. To that extent, they are a fundamental guarantee of non-repetition.

The guarantee of rights, including economic, social, cultural and environmental rights of rural people by implementing the Comprehensive Rural Reform that contributes to their well-being and good living conditions; strengthening the exercise of political rights, promoting a culture of democracy and human rights and guarantees for reconciliation, coexistence, tolerance and non-stigmatization, and guarantees for mobilization and social protest, by implementing the Democratic Opening for Peace-building; the measures to protect and guarantee the rights of the population living in areas affected by illicit crops and contribute to overcoming poverty, marginalization and weak institutional presence by implementing agreed programs and measures for the Solution to the Problem of Illicit Drugs and the effective prosecution of criminal organizations and networks linked to drug trafficking at the national and regional level; and the measures agreed at Point 5 "Victims" and Point 3 "End of Conflict", respond primarily to a logic of non-repetition of the conflict and guarantee of human rights of all. The Government reiterates its commitment to the implementation of the agreements.

In conclusion, the guarantees of non-repetition will be a result on the one hand, of the coordinated implementation of all the above measures and mechanisms, and in general all points of the Final Agreement; and on the other hand, of the implementation of additional measures of non-repetition to be agreed within the framework of point 3 "End of conflict" of the Agenda of the General Agreement.

5.2. Commitment with the promotion, respect and guarantee of human rights

In the General Agreement ending the conflict and building a stable and lasting peace, signed by the Government and FARC-EP on August 26, 2012, it is stated specifically that "respect of human rights in all the confines of the country, is a state order to be promoted. "

The National Government, representing the Colombian State, reiterates its commitment to the protection of human rights and of those working for this cause. It is the duty of the Colombian State to promote, protect, respect and ensure human rights, including economic, social, cultural and environmental rights, with a differential and gender approach, based on the principles of equality and progressivity, and guarantee the right to peace, especially in those areas most affected by the conflict.

For its part, the FARC-EP reiterates the total commitment to human rights and they commit to promote and respect individual freedoms and the human rights of all and peaceful coexistence in the territories, both by its members and by the organization arising from its transition to legal political life.

The Agreement as a whole should contribute to building a shared vision about the need for respect for all human rights. The State will work to ensure full satisfaction of these rights, in its dimensions of universality, comprehensiveness, indivisibility and interdependence, as the basis for justice and the realization of the recognition of human dignity.

In the new scenario of peace-building and democratic opening, the citizen participation and the exercise of rights will help achieving the rights of all, beyond its simple enunciation.

It is also about encouraging all Colombians to become aware of the rights of others, and commit ourselves to respect and promote relations of (social) coexistence based on tolerance and respect for differences, especially differences in thinking, including critical ideas, thus laying the foundation for reconciliation, non-repetition, and the construction of peace.

The commitment of respect and promotion of human rights in the process of reconciliation that will take place as part of the achievement of peace implies the acknowledgment of the need to advance public policies to promote a political, democratic and participative culture of respect for human rights. Besides, this commitment implies respect for cultural and ethnic diversity.

The end of the conflict is the best opportunity to achieve the rights of victims to truth, justice, reparation and non-repetition, and generally ensure the full realization of human rights for everyone, including women, children, adolescents, young and elderly people, persons with disabilities, indigenous peoples, peasant, Afro-Colombian populations, black, Palenqueras and Raizales, the LGBTI population and defenders of human rights, trade unionists, journalists, farmers, ranchers, traders and businessmen and -women; which also implies the adoption of affirmative action measures to fully guarantee the rights of those who have been most affected by the conflict. Peace as a fundamental right of all citizens is a necessary condition for the exercise and enjoyment of all other rights.

The end of the conflict scenario will ensure a culture of legality, the free debate of ideas, the effective participation of citizens and their organizations in decision-making, respect for those who think differently and for those who exercise opposition, the intensification of the culture of human rights, protection of cultural diversity and autonomy, encouraging the peaceful resolution of conflicts, strengthening access to justice in conditions of equality, social inclusion, welfare and good living conditions of the population, social justice, the overcoming of poverty, environmental protection and territorial approach in the implementation of public policies.

In the framework of respect and promotion of human rights, we reiterate the commitment to enforce the rights contained by the 1991 Constitution on this matter, the Covenant on Civil and Political Rights, the Covenant on Economic, Social and Cultural Rights, and other international human rights treaties ratified by Colombia.

In particular, the Government will implement the following measures:

5.2.1. Strengthening of the mechanisms of promotion of human rights:

  • Promoting respect for human rights and a culture of human rights for peace building and reconciliation.
  • Strengthening of the information system on the situation of human rights taking into account the progress of the National Human Rights System.
  • Strengthening of the monitoring system for the situation of human rights at a national and regional level, taking into account the early warning system.
  • Strengthening of the process of implementing the National Education Plan for Human Rights, through, among others:

The incorporation of the Final Agreement and the final report of the Commission for the Clarification of Truth, Coexistence and non-repetition into the National Education Plan for Human Rights.

Coordination with the programs to promote a democratic and participatory political culture of Point 2 "Political Participation: democratic opening to build peace", in particular to overcome the stigmatization associated with the conflict.

The strengthening of non-formal educational measures through the implementation of public campaigns for recognition of human rights and the prevention of their violation.

5.2.2. Strengthening protection mechanisms work performed by human rights defenders and their organizations

On the other hand, the National Government, recognizing the work of human rights defenders, commits to help strengthen organizations in defense of human rights, particularly those working in rural settings as part of the already agreed in Point 2 regarding the guarantees for social organizations and movements, security guarantees, recognition and non-stigmatization; and to maintain a permanent dialogue with them to address their reports, diagnoses and recommendations. To this end and within the framework of the agreement on point 2 "Political participation", a protocol for comprehensive protection will be developed in concert with the organizations of human rights defenders, including those who do their work in a rural context.

The National Government will strengthen coordination with the Attorney General's Office for the promotion and monitoring, case by case, of allegations and investigations of violations of the rights of human rights defenders. Public reports on progress will be elaborated every three months.

5.2.3. Prevention and protection of human rights

  • Design, development and implementation of a National Human Rights Plan with the effective participation of the organizations of human rights defenders and social organizations and movements that, taking into account the different existing policies, allow to fit the needs of a scenario of peace building.
  • In accordance with the agreed within the point of Political Participation, the necessary measures and policy adjustments will be taken to provide full guarantees for mobilization and social protest, as part of the constitutional right to freedom of expression, assembly and opposition, favoring dialogue and civility in dealing with these kind of activities.
Creation of an advisory committee convened by the Ombudsman to advise and make recommendations to the National Government, to State institutions and human rights organizations, on matters of human rights and peace. The Ombudsman and representatives of human rights organizations will agree its composition and functioning.

Pending points Victims

Havana, December 11, 2015.

With this note, we present the synthesis of the 13 pending points enshrined by the FARC-EP in the Act concerning the Partial Agreement on item 5, Victims:

I. About sub-item 1 "Human Rights of Victims":

1. Demilitarization, decriminalization and legalization of social protest. According to what was approved in the issue of political participation, reforms and adjustments will be carried out in order to respect the right to protest and non criminalization; the excessive use of Public Force will be effectively dismantled, including the Mobile Riot Squad of the National Police and all forms of police brutality. Likewise, a review of intervention protocols of the security forces with a human rights perspective will be promoted, regarding intervention in social mobilizations, through a concerted process with human rights organizations.

2. The supreme source of rebellion. The commitment of recognition and guarantee of human rights specifically incorporates the consideration that human rights should be protected by the rule of law, so that the human being is not compelled to have recourse to rebellion against tyranny and oppression. In the new scenario of peace building, human rights will be guaranteed with the exercise of democratic praxis of enunciation, specifying the basic demands of all members of society without exclusion or discrimination, with emphasis on the rights of women, children and the elderly, with emphasis on gender as a central concern of the State, its legislative policies and developments and regulations, considering also that the rights inherent to human beings can be demanded and protected regardless of whether or not they are included in positive rules".

"Whereas it is essential that human rights are protected by the rule of law so that man is not compelled to have recourse to rebellion against tyranny and oppression." (Preamble to the Universal Declaration of Human Rights).

3. Inclusion of the conclusions of the Historical Commission and Conflict Victims in the contents of the national education plan on human rights and education initiatives for Peace.

4. Make the necessary adjustments and reforms in order to overcome the prison and penitentiary crisis. The national government should include within these institutional changes, a reform to the current judicial model that favors preventive detention and affects the right of freedom. Also, the bill known as "New Single Police Code" must be removed, because it constitutes an affront to individual liberties and a violation of the general principle of full human rights protection.

5. In point 5, victims, and especially in matters of Human Rights and guarantees of non-repetition, the government, in order to ensure, promote and protect human rights, especially during the development and implementation of agreements, should ensure prolongation of the mandate of the representative in Colombia of the Office of the High Commissioner for Human Rights for an indefinite period. In order to develop this point, this UN office should also be asked to issue special recommendations on human rights and the peace process.

6. Willingness of the Colombian State to assume as binding the principles and guidelines of the UN on multinational companies and human rights, so that non-repetition and adequate compensation under international law will be guaranteed.

II. On “Comprehensive Reparation":

1. Institutional responsibility. Recognize the victims of serious human rights violations and breaches of international humanitarian law, emphasizing on a statement on institutional or collective responsibilities and on dignification in conditions of an inclusive social order.

2. Expansion of the times and deadlines of registration in the Victims’ Registry. The adjustments and reforms on the issue of victims covered by this agreement will extend the time limits for the care and reparation of all victims of the conflict, understanding that the current Victims Law is limited to victims of events between 1985 and 2015, which makes the inclusion of the entire universe of victims urgent. In addition, the government must commit to extend the deadline for registration as long as necessary.

3. Creation of the Special Fund for Comprehensive Reparation (SFCR). Establishment of the Special Fund for Comprehensive Reparation (SFCR) equal to at least three percent (3%) of the annual gross domestic product with an initial term of ten years. Design and implementation of the "National Plan for Comprehensive Reparation of victims of the conflict."

4. Enactment of effective measures for land restitution, return and full compensation for all affected individuals and communities. This involves a reform on law 1448 and its regulatory developments. Law 1448 must adapt to international human rights principles on restitution and housing, including movable property and other losses. The so-called tax ceiling can not remain the criterion for the definition of rights that must be protected. The decree of micro-focus should be abolished, because it provides the armed forces the power to conceptualise on security conditions for the return and restitution of victims. Reparations for victims must prioritize the processes of collective restitution (displacement/dispossession with the same reasons and responsible ones) and administrative restitution. The national government should expedite the processes of land restitution and the goals set out in this area, as well as issue a public report of dispossession by companies, economic groups and paramilitary organizations.

5. * Pending: "In the context of point 5 of the General Agreement, the establishment of a special chapter on the displacement and dispossession as part of an independent mechanism for clarifying the truth will be discussed”. This issue has not been resolved.

6. On a Declaration of principles and commitments to ensure a differentiated approach and the rights of women. The Peace Delegation of the FARC-EP considers it necessary to fulfill the commitment that existed between the parties, to enact a statement of principles and commitments to ensure the differential approach and women's rights in the agreement on the fifth point Agenda, Victims.

III: About "Non Repetition”:

1. Reparation and non-repetition regarding the genocide of the Patriotic Union. The agreement on guarantees of non-repetition regarding the Patriotic Union should include clarification and comprehensive reparation, without undermining respect of international activities and requests put forward by the victims. Besides, the national government should take all measures, including those agreed in this agreement and any other necessary measures, to ensure that no party or political movement in Colombia be re-victimized and that what happened with the Patriotic Union won’t ever be repeated.

2. Declassification and preservation of secret files. Declassify, organize and preserve all the reserved state documents, especially intelligence files related to human rights violations, crimes against humanity, genocide and war crimes, to make part of reference materials for national memory on victims and serve as input to the prosecution. In addition, a National Registry of Memory should be established, administered jointly by the General Archive of the Nation and victims' organizations and human rights defenders.

Peace Delegation of the FARC-EP

5. Agreement on Victims of Conflict:

“Comprehensive System of Truth, Justice, Reparation and Non-repetition”, including the Special Jurisdiction for Peace; and Commitment on Human Rights

To repair the victims is in the center of the Agreement between the National Government and the FARC-EP. In this sense, we have discussed and come to agreements at the Conversation Table in Havana, on point 5 of the Agenda “Victims” which includes the subpoints: 1. Human rights of the victims and 2. Truth, trying to give contents that satisfy the demands of those who have been affected by the long confrontation regarding to whose political solution we have made a fundamental step forward today, through consenses and important measures and agreements of de-escalation, for the construction of a stable and lasting peace and the termination of a war of more than half a century, which has bleeded the country.

The National Government and the FARC-EP, considering the integrality that should characterize the development of the articles included in the point of Victims, started their analysis assuming the “Declaration of principles” of June 7, 2014, which would be the basis for the discussion of topics regarding which we came to essential agreements on: 1. Comprehensive system of truth, justice, reparation and non-repetition and 2. Commitment with the promotion, the respect and the guarantee of human rights.
Within these commitments, critical commitments are included, like the creation of the Commission for the Clarification of Truth, Co-existence and Non-repetition; the Special Unit for the Search of Missing Persons in the Context and as a result of the conflict; the Special Jurisdiction for Peace and specific measures of reparation. All these components have been articulated within a Comprehensive System of Truth, Justice, Reparation and Non-Repetition, to which measures of non-repetition will be linked as well, specifying that on the latter, apart from the coordinated implementation of all the previous measures and mechanisms, as well as in general of all the points of the Final Agreement, additional measures will be implemented that will be agreed within the discussion on Point 3 – “End of Conflict” of theAgenda of the General Agreement.

During the development of the discussion on point 5 “Victims”, the Historical Commission on the Conflict and its Victims was brought into operation, which yielded important conclusions of a diverse and plural content regarding the origens and multiple causes of the conflict, the main factors and conditions that have facilitated of contributed to the persistence of the conflict and the most notorious effects and impact on the population, all of which has been considered as a fundamental input for the work of the Commission for the Clarification of Truth, Co-existence and Non-repetition.

Other key measures taken within the framework of the discussions on point 5 “Victims” have been: the signing of measures and protocols to forward programs of cleaning and de-contamination of territories of  antipersonnel mines (APM), improvised explosive devices (IEDs) and unexploded ordnance (UXO), or explosive remnants of war (ERW);  immediate humanitarian measures of search, location, identification and dignified delivery of remains of missing persons in the context and due to the conflict.

***
The armed conflict, which has multiple causes, has caused an unprecedented suffering and harm to the population. There are millions of Colombians who are victims of forced displacement, hundreds of thousands of deaths, ten of thousands of disappeared people of all kinds and a broad number of collectives and populations affected throughout the territory, including peasant, indigenous, black, palenquera and raizal communities, and Rom, political parties, social and union movements, economic enterprises, among others. Without forgetting other forms of victimization, less visible but not less painful, like sexual violence, psychological affectations or simply having to live with fear.

In recognition of this national tragedy, since the Exploratory Meetings in 2012, we agreed that the reparation of the victims had to be in the center of any angreement; and that the agenda for the termination of the conflict had to include a point on victims, as was enshrined in the General Agreement of August 26, 2012.

This is also why, before beginning this point of the Agenda, we agreed the mentioned “Declaration of principles” that reflects this commitment with the victims and has guided the conversations to assure that the comprehensive satisfaction of the rights to the truth, justice, reparation and non-repetition, is in the center of the agreement.

Simultaneously, we expanded the mechanisms of participation. More than 3.0000 victims participated in four forums in Colombia, organized by the United Nations and the National University, and sixty victims traveled to Havana to give direct testimony at the Conversation Table and offer their recommendations, supported by the Episcopal Conference, the United Nations and the National University. Without mentioning the 17 thousand proposals, sent to the Conversation Table by the victims and other citizens through different means. All the proposals that we received from the victims were crucial to reach an agreement.

5.1. Comprehensive System of Truth, Justice, Reparation and Non-repetition.
In accomplishment of our commitment to place the victims at the center of the Agreement and in response to their testimonies, proposals and expectations, which we heard from them personally, the National Government and the FARC-EP agreed to create the Comprehensive System of Truth, Justice, Reparation and Non-repetition, and this is also why we have taken the measures previously described.

The Comprehensive System is based on the principle of acknowledgment of the victims as citizens with rights; the acknowledgment that there should exist full Truth on what happened; the principle of acknowledgment of responsibility by all those who participated in a direct or indirect way in the conflict and were involved in some way in serious human rights violations and serious breaches of International Humanitarian Law; the principle of the satisfaction of the rights of the victims to truth, justice, reparation and non-repetition, on the basis of not interchanging impunity, taking into account also the basic principles of the Special Jurisdiction for Peace, among which it is considered that “the caused harm should be repaired and restored whenever possible”.

The end of the conflict should contribute to guarantee that violations and breaches cease, and it is also an opportunity to guarantee the satisfaction of the rights of the victims. The definitive termination of the hostilities will offer conditions for victims to express themselves without fear and to receive the acknowledgment they deserve; an opportunity for all who have some responsibility for human rights violations or breaches of IHL to make the relevant acknowledgment; and as a consequence, an oportunity to apply more effectively measures in order to guarantee truth, justice, reparation and non-repetition.

International experience shows that the effectiveness of these measures is higher if applied in an articulated and complementary way. Therefore the System intends to be comprehensive, so that the measures achieve maximum justice and accountability for violations of human rights violations and breaches of international humanitarian law occurred during the conflict. The integrality of the System also contributes to the establishment of truth about the conflict and the construction of historical memory.

We understand that a broad and genuine response to the rights of victims -in the framework of the implementation of all other agreements, which also guarantee their rights- is the basis of justice.

To meet this purpose and advance the fight against impunity, the Comprehensive System combines judicial mechanisms that allow investigation and punishment of serious human rights violations and serious breaches of International Humanitarian Law, in the terms established by the Special Jurisdiction for Peace, with complementary extra-judicial mechanisms that contribute to clarify the truth of what happened, the search for missing loved ones and the reparation of the damage caused to individuals, groups and entire territories.

Additionally, besides the Special Jurisdiction for Peace, judicial mechanisms will be created, such as a unit for the investigation and dismantling of criminal organizations, including criminal organizations that have been called successors of paramilitarism, and their support networks, referred to in point 3.4. of the Agenda of the General Agreement.

The Comprehensive System has a differential and gender approach, which is adapted and responds to the particular characteristics of victimization in each territory and each population, and especially the needs of women and children.

The Comprehensive System puts special emphasis on restorative and remedial measures, and aims to achieve justice not only with retributive sanctions.
The System should also ensure legal securities for those benefiting from the measures of justice, as an essential element of the transition to peace.
The success of the Comprehensive System also depends on finding the broadest possible acceptance in society.
Finally, the integrality of the system helps to lay the bases for the recovery of trust, for coexistence in a scenario of peace building, and for genuine reconciliation among all Colombians.

Goals:

In short, the different measures and mechanisms of the Comprehensive System should contribute to the compliance of the following goals:

Satisfaction of victims' rights, by combining mechanisms of judicial and extra-judicial nature.
Accountability, by establishing responsibilities, all participants in the conflict, directly or indirectly, combatants or non-combatants, must take responsibility for serious violations and breaches committed in the context and due to the armed conflict.
Non-repetition, through the implementation of all measures of the System -and others that will be agreed under Point 3 of the Agenda- to prevent revictimization and repetition, encourage the rejection of society to war and its effects, strengthen the end of the conflict, and prevent the emergence of new forms of violence.

Territorial, gender and differential approach, through a differential treatment of territories and populations, especially of female victims, children, and the poorest and most vulnerable population, and therefore most affected by the conflict.
Legal security, by meeting the conditions of the Comprehensive System and especially the Special Court for Peace, with the necessary guarantees of due process.
Coexistence and reconciliation, by building trust in each other from the positive transformations that generate peace agreements within society, especially through the acknowledgment of the victims, recognition and establishment of responsibilities, and in general the acknowledgment by the whole society of the need to seize this opportunity to build a better future based on social justice, respect and tolerance.
Legitimacy, responding to the expectations of the victims, of society in general, and to national and international obligations of the Colombian State, including compliance with the agreed in the Final Agreement.

Components:

The Comprehensive System consists of the following five mechanisms and measures:

• Commission for the Clarification of Truth, Coexistence and Non-repetition: This will be a temporary and extra-judicial body, which seeks to know the truth about what happened and helps to clarify violations and breaches and provide a full explanation to the whole society about the complexity of the conflict; promote acknowledgment of the victims and of the responsibilities of those directly and indirectly involved in the armed conflict; and promote coexistence in the territories to ensure non-repetition.

• Special unit for the search for missing persons in the context and due to the armed conflict: This will be a high-level special unit of a humanitarian and extrajudicial nature, which aims to direct, coordinate and contribute to the implementation of humanitarian actions for the search and identification of all missing persons in the context of the conflict who are alive, and in case they have died, if possible, the location and dignified return of the remains. The activities of the Unit can neither replace nor impede criminal investigations that may take place in compliance with the obligations of the State.

• Special Jurisdiction for Peace: On September 23 we announced that we had reached an agreement on a Special Jurisdiction for Peace. Today we present to the public the full text of this agreement.

The Special Jurisdiction for Peace will exercise judicial power independently and preferably on matters within its competence.

The objectives of this jurisdiction are to satisfy the right of victims to justice, to offer truth to the Colombian society, protect the rights of victims, contribute to a stable and lasting peace, adopt decisions that give full legal security to those involved directly or indirectly in the internal armed conflict, and it should focus on ending impunity.

The Tribunal will consist of a number of justice Chambers, including a Chamber of of Amnesty and Pardon, and a Peace Tribunal, to administer justice and investigate, clarify, prosecute and punish serious human rights violations and serious breaches of International Humanitarian Law.
All activities undertaken within the component of justice, in accordance with the rules applicable to the Special Jurisdiction for Peace, will respect the fundamental rights to a due process, defense, assistance of counsel, presumption of innocence, and the independence and impartiality of the magistrates of Chambers and Sections and the members of the Investigation and Indictment Unit. All judicial decisions concerning the responsibilities and penalties of people will be duly motivated and grounded with reliable and admissible evidence before courts.

The Special Jurisdiction includes a specific chapter on the content, scope and limits of amnesties and pardons, indicating among others, that "At the end of hostilities, according to IHL, the Colombian State may grant the broadest possible amnesty". Crimes against humanity, genocide, serious war crimes, including serious crimes and human rights violations, won’t be eligible for amnesty or pardon or equivalent benefits.

• Comprehensive reparation measures for peace-building: These are measures that seek to ensure comprehensive reparation of victims, including the right to restitution, compensation, rehabilitation, satisfaction and non-repetition; and the collective reparation of the most vulnerable territories, populations and communities that are most affected by the conflict, in the framework of the implementation of other agreements. To this end, existing mechanisms will be strengthened, new measures will be adopted, and the commitment of everybody to repair the damage caused will be promoted.

• Guarantees of non-repetition: The guarantees of non-repetition are the result, on the one hand, of the coordinated implementation of all the above measures and mechanisms, and in general all the items of the Final Agreement; and on the other, the implementation of measures of non-repetition to be agreed within Point 3 - "End of Conflict".

The different mechanisms and measures of truth, justice, reparation and non-repetition, as part of a system that seeks a comprehensive response to victims, can not be understood in isolation. They will be interconnected through relationships of conditionality and incentives to access and maintain any special treatment of justice, always founded on the acknowledgment of Truth and responsibilities. Compliance with these conditionalities will be verified by the Special Jurisdiction for Peace.

No mechanism of the System will have priority over another. Each mechanism must fulfill its primary function as expeditiously as possible and not duplicate those of other mechanisms, for which the necessary cooperation protocols will be established.

Finally, we thank the victims for their decided participation, their generous testimonies and their proposals, without which it wouldn’t have been possible to build this Agreement, and we encourage them to participate actively in their implementation and in the construction of peace.
We hope that with the implementation of this and all the Agreements, the dignification of the victims will be ensured, that justice will be done and that the bases will be set to finish once and for all with the violence of the conflict in the country, so that no one will ever be a victim in Colombia again.

Published in Agreements

Report from Havana, November 29, 2015

Havana, Cuba - Pablo Catatumbo, representative of the Peace Delegation of the FARC-EP in Havana, presented today a new set of proposals within the framework of the point ?End of Conflict? (third on the Agenda).

Published in News

Report from Havana, October 2, 2015

This morning, head of the Peace Delegation Iv?n M?rquez read a declaration with some reflections about the Special Jurisdiction for Peace. According to the spokesman, the agreement has been welcomed by several organizations and prominent personalities like the UN, the E.U., Luigi Ferrajoli (respected Italian jurist), the USA, Celac, Unasur, the International Criminal Court and many others.

Published in Peace Delegation

Cabezote 01-Engels

Havana, Cuba, site of the Peace Talks, September 23, 2015

Compatriots and friends of peace in Colombia:

We bring you today, in addition to our fraternal embrace, a report of collective victory: we achieved, with the invaluable help of the Legal Subcommission, to remove many of the obstacles that were making the path of our reconciliation more difficult. We now have a special jurisdiction for peace that, besides ensuring respect for the rights of victims, will be a dynamic factor in the signing of new agreements in this crucial final stretch to reach the end of the conflict.

Published in FARC-EP

Report March 4, 2015

Havana, Cuba - Comandante Joaqu?n G?mez explained the sub-points 1, 2, 3 and 4 corresponding to the minimum proposal number one on comprehensive Victims' rights for peace and national reconciliation.

Published in News
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