The real challenge of the current peace process in Colombia: the implementation of the
law of truth, justice, and reparation
72 DIPLOMACY, STRATEGY & POLITICS - APRIL/JUNE 2005
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As to the establishment at which the sentence will be served, the Law
provides that it is up to the Government to determine the establishment,
which must meet the appropriate security and strictness conditions required
from institutions managed by the National Penal and Prisons Institute. It
also provides that sentences may be served abroad, thereby leaving the door
open for the extradition of any subjects under this law.
Possibilities for benefiting from alternative sentencing
and eligibility criteria
Collective Demobilization Individual Demobilization Humanitarian Agreement
The requirement for collective
demobilization is the
demobilization and dismantling
of the illegal armed group
under an agreement with the
National Government; ceasing
from all criminal activity and all
interference with he free
exercise of political rights and
public freedoms; the group has
not been formed to the traffic
of narcotic drugs or illicit
enrichment delivery of all illicit
goods; release of all hostages
and all recruited minors.
For individual demobilization,
the subject must provide
information and effectively
cooperate toward the
dismantling of the group to
which he belonged; must sign a
commitment before the
National Government; must
depose arms in the terms
established by the Government
and hand over the goods
acquired from any illicit activity;
and must not have been
involved in the traffic in
narcotic drugs or in illicit
enrichment.
Given the Government’s
obligation to guarantee the
constitutional right to peace, the
Law provides for the possibility
of entering Humanitarian
Agreements with these groups.
As to members of unlawful
armed groups with whom
Humanitarian Agreements are
entered, the President my set the
conditions he may deem
appropriate for the application of
the benefit.
9 10 11
12
Victims’ rights
In addition to the victims’ right to access to the administration of justice
and the rights under the penal procedure, particularly the right to protection of
their safety, physical and psychological well-being, dignity, and private life,
13
the
Law further provides as follows:
9
Art. 10 of the Truth, Justice, and Reparation Law.
10
Art. 11 of the Truth, Justice, and Reparation Law.
11
Art.(s) 60, 61, and 62 of the Truth, Justice, and Reparation Law.
12
Minors in the ranks of unlawful groups must be released to the Colombian Family Welfare Institute, which
will be responsible for their reintegration into and re-adaptation to society.
13
Art(s). 38 and 39 of the Truth, Justice, and Reparation Law.