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Some 35,000 paramilitaries have demobilized since 2005 as a result of the negotiations between the Colombian government and the United Self Defense Forces of Colombia. The Colombian Congress passed Law 975 of 2005 as a judicial accountability mechanism for the serious human rights violations committed by various paramilitary structures. This law set up a special criminal prosecution mechanism, established mandatory reparations to victims, and made the possibility of alternative sentencing conditional on contributing to the clarification of the truth.

Since then various mechanisms have been put in place to recognize victims' rights to truth, justice, reparations and the guarantee of non-recurrence. However, these have been piecemeal efforts and are not part of an integrated approach to transitional justice.

This Timeline introduces the norms, laws, and decrees as well as the High Court rulings that set out the parameters for the transitional justice measures adopted by the Colombian state. It also includes the measures, mechanisms, and institutions devised and implemented to date. The description of these mechanisms reflects the goals established by the government when they were created, and does not include any analysis or judgment by ICTJ. An assessment of these mechanisms can be found in various publications and news articles written by ICTJ.

The purpose of this overview of the current situation regarding transitional justice in the country is to contribute to the debate on the most adequate model for Colombia. International experience demonstrates the importance of having a comprehensive transitional justice policy and of linking all the mechanisms on the basis of an integrated approach, in order to enhance their contribution to social and political transformation processes in societies emerging from repressive rule or armed conflict. It is only in this manner that Colombian society may overcome the legacy of human rights violations, recognize the truth about what happened, and lay down strong foundations to avoid a repetition of the past.

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Photo by: Camilo Aldana Sanín
 

2005

 

Law 975 or the "Justice and Peace Law"

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Law 975 or the "Justice and Peace Law"

Criminal Justice
Desmovilización de grupos paramilitares en 2003. Foto: Getty Images Demobilization of paramilitary groups in 2003.
Photo: Getty Images

Law 975 of 2005, more popularly known as the Justice and Peace Law, was enacted under the government of Álvaro Uribe in order to facilitate the reintegration of the members of illegal armed groups into civilian life. This law regulates the investigation, prosecution, and punishment of people who decide to demobilize and awards them certain legal benefits on the condition that they adhere to the measures geared towards national reconciliation such as truth-seeking, reparations for victims, and an adequate re-socialization.

The original text of the Law passed by Congress was modified by Constitutional Court rulings, in particular by Sentence C-370 of 2006. In 2012, Congress passed Law 1592, which reformed the Law.

 
 

Institutional framework for criminal prosecution under Justice and Peace Law

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Institutional framework for criminal prosecution under Justice and Peace Law

Criminal Justice
Creación de la institucionalidad para Justicia y PazJustice and Peace hearing against demobilized former guerrillas.
Photo: ICTJ

In order to comply with the special mechanism of justice created by Law 975, Justice and Peace courtrooms were set up in the Higher Tribunals of Medellín, Barranquilla, Bogotá and Bucaramanga. These bring together the magistrates tasked with judging the postulados, former paramilitaries suspected of crimes that are to benefit from Law, in accordance with the steps laid out in the Law: voluntary depositions (versiones libres); indictment; formalization of charges; reparations hearing; and the reading of the sentence. Specialized units were also created in other institutions: the Justice and Peace Unit of the Attorney General's Office, responsible for investigating and charging the postulados; the Justice and Peace section of the Inspector General's Office which represents society and ensures compliance with the provisions of the constitution that guarantee fundamental rights; and, the free legal aid section of the National Ombudsman's Office which provides public defenders to the accused as well as for legal representation of the rights and interests of the victims.

 
 

The National Commission for Reparations and Reconciliation, CNRR

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The National Commission for Reparations and Reconciliation, CNRR

Reparation
Creación de la institucionalidad para Justicia y Paz CNRR team members
Photo: National Comission for Reparations and Reconciliation, CNRR

The National Commission for Reparations and Reconciliation – CNRR –set up by the Justice and Peace Law and made up of representatives of government bodies, oversight bodies, and civil society organizations, was the first body charged with designing and implementing a model for reparations to victims. From its start up date in 2005 it carried out numerous activities to deal with victims in the areas most affected by the conflict in which it carried out workshops on their rights and the procedures to realize these rights. It also published various texts on the criteria for reparations for victims and the construction of memory, and put into effect a communications strategy, which placed the rights of victims on the public agenda. The CNRR was closed in December 2011, after the passing of the Victims Law that created new institutions for the reparations of victims and the construction of historic memory.

 
 

Historical Memory Group

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Historical Memory Group

Truth & Memory
Programa de reintegración de desmovilizados. Foto: Diego Zamora Photo: Historical Memory Group

The Historical Memory Group was created in 2005 as a body linked to the National Commission for Reparations and Reconciliation and mainly comprised academics from several universities in the country. The Group's aim was to draw up and disseminate a narrative on the armed conflict in Colombia, which identified the reasons behind the emergence and evolution of the illegal armed groups as well as different memories of the violence, with preference given to the voices of the victims. The Historical Memory Group published reports on truth and memory of the conflict in various regions of the country with an emphasis on emblematic events, such as the massacres in Bahía Portete, Bojayá, and La Rochela. Following the enactment of the Victims' Law the activities of the Historical Memory Group were undertaken by the National Historical Memory Center.

Find here all the publications by the Historical Memory Group

 

2008

 

Decree 1290 of 2008, compensation mechanism for victims

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Decree 1290 of 2008, compensation mechanism for victims.

Reparation
Petronila Mendoza en su casa en Barranquilla. Foto: Camilo Aldana Sanín. Documental Y sin embargo, crecen flores, ICTJPetronila Mendoza at her home in Barranquilla
Photo: Camilo Aldana Sanín. Documentary - Voices of Dignity, ICTJ

Decree 1290, issued in April 2008, is one component of the institutional system of Justice and Peace and sets out the administrative compensation for victims of illegal armed groups. The measure, which came into effect in July of 2009, awarded around 18 million pesos to victims of violations of the rights to life, physical integrity, physical and mental health, individual freedom, and sexual freedom. Victims of state agents were excluded from this measure.

 

 

 

2010

 

Law 1424 of 2010, mechanism for truth

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Law 1424 of 2010, mechanism for truth

Truth & Memory
Foto: Centro Nacional de Memoria Histórica Photo: Centro Nacional de Memoria Histórica

Law 1424, enacted in December 2010, set up a non-judicial truth-seeking mechanism, which awards judicial benefits to members of illegal armed groups accused of the following crimes: simple or aggravated criminal conspiracy; unlawful use of uniforms and insignias, illegal use of radio receivers and transmitters; illegal possession of arms or munitions. These benefits are given on the condition that an agreement to contribute to the truth is entered into with the State.

This mechanism is known as the Truth Accords and is implemented by the National Historical Memory Center.

 

 

 

2011

 

Law 1448 of 2011, or the "Victims' and Land Restitution Law"

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Law 1448 of 2011, or the "Victims' and Land Restitution Law"

Reparation
Ley 1448 o ley de víctimas y de restitución de tierrasMampujan community during a memory event.
Photo: Rosángela Roncallo. Imágenes para resistir al olvido

Law 1448, passed in June 2011, sets out a series of measures for the comprehensive reparations of victims. It includes a definition of the beneficiary population, assistance measures, economic compensation (taking up the process established through Decree 1290), among others. It also establishes rehabilitation measures that include psychosocial assistance, integral health care, and other measures which allow the victims to function in their family, cultural, professional and social environments. It creates an institutional framework for land restitution and measures of satisfaction such as public recognition, construction of monuments, and the creation of the National Day of Remembrance and Solidarity with Victims which has, since then, been celebrated on April 9th.

To complement the Law two documents were drawn up by the National Council on Economic and Social Policy – Conpes: Conpes document 3712, which sets out the finance plan for the sustainability of Law 1448, and Conpes document 3726, which defines the guidelines, the implementation plan, the budget, and the oversight mechanisms in line with the National Plan for Comprehensive Assistance and Reparations for Victims.

 
 

2012

 

Victim Assistance and Reparations Unit

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Victim Assistance and Reparations Unit

Reparation

Unidad de VíctimasThe Victims' Unit presents its individual reparations plan in the regions
Photo: ICTJ
The Victim Assistance and Reparations Unit, known as the Victims' Unit, began to function in January 2012. This body, established under the Victims' Law, is in charge of formulating and implementing public policy on reparations as well as the coordination of the National System for Assistance and Reparations for Victims (SNARIV), comprising a group of national and regional public institutions. Amongst their activities, the Victims' Unit is in charge of the Victims Registry; the humanitarian aid measures; compensation to the victims; and individual and collective reparation plans.

 

 
 

Land Restitution Unit

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Land Restitution Unit

Reparation
Unidad de Restitución de Tierras Anniversary of the forced displacement of the Chengue community.
Photo: Diana Maldonado. Imágenes para resistir al olvido.

The Land Restitution Unit started work in January 2012 as the institution charged with drawing up the legal procedure for restituting and legalizing the land of the victims of land theft and forced abandonment in the context of the internal armed conflict. Amongst its functions, the Land Unit is charged with creating a registry of stolen and abandoned land; of receiving victims' claims; studying each case; amassing evidence; and preparing the lawsuit which will be presented to a land judge. When restitution of the plot is not possible, the State will pay due compensation to the victims of land theft and displacement.

 
 

Land Judges

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Land Judges

Reparation
Jueces de TierrasNational Meeting of Land Judges, 2012.
Photo: Unidad de Restitución de Tierras

On June 15th, 2012, the first lawsuit was presented to the Land Restitution judges. These are civil circuit court judges, specialized in restitution of land in accordance with the Victims' and Land Restitution Law. In cases where there are no adversaries in the process, they hear and decide upon, in sole instance courts, the land restitution cases and the legalization processes of the land deeds of people whose lands have been stolen or who were forced to abandon their plots.

 
 

National Historical Memory Center

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National Historical Memory Center

Truth & Memory
Centro Nacional de Memoria Histórica  Presentation of the Historical Memory Group report in El Salado.
Photo: National Historical Memory Center

The National Historical Memory Center was set up at the beginning of 2012, in accordance with Law 1448, as the body charged with promoting processes that guarantee the right of victims and the whole of society to the reconstruction of historic memory. To do this, the Center, amongst other functions, must "gather together and recover all the documentary material, oral testimony, and any other material relevant to violations", and create and manage a human rights and historical memory program and a memory museum. The Center is also charged with developing the Agreements to contribute to clarification of the truth created by Law 1424.

Find here all the publications by the National Historical Memory Center.

 

Legislative Act 01 of 2012, or "Legal Framework for Peace"

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Legislative Act 01 of 2012, or "Legal Framework for Peace"

Transitional Justice
Marco jurídico para la paz April 9th peace protest, Victims' Day.
Photo: ICTJ

After intense debate in the country, the constitutional transitional justice reform known as the Legal Framework for Peace was passed in the middle of 2012, through legislative Act 01 of 2012. On the basis of this reform the State possesses integrated transitional justice instruments geared towards facilitating negotiations and achieving a stable and durable peace. The proposal authorizes the creation of extrajudicial justice mechanisms, establishment of criteria for the prioritization and selection of cases, suspension of sentences, and relinquishing the right to prosecute the crimes that were not selected.

 

 
 

Law 1592 of 2012, or "Reform of Justice and Peace Law"

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Law 1592 of 2012, or "Reform of Justice and Peace Law"

Criminal Justice
Marco jurídico para la paz Justice and Peace hearing against the paramilitary Hernán Giraldo. Resistencia Tayrona Block.
Photo: ICTJ

In 2012 Law 1592, which reformed Law 975 of 2005, came into effect with the aim of increasing the efficiency of the processes that were taken under this transitional justice mechanism. This reform redirects the investigative focus in order to look at structures responsible for systemic crimes, relying on intelligence led investigations as opposed to more traditional atomized incident based investigation. The concept of victim is complemented by the concept of collective harm and the reparations hearing is modified, replacing it with the hearing to establish damages, according to which, the calculation of compensation will be undertaken by the Victims' Unit and will be made in conformity with Law 1448 of 2011. Amongst the changes, was the definition of the causes of exclusion from the Justice and Peace process, such as the failure of the postulados to hand over assets.

 

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