Friday 26 August 2016

Transitional Justice in Colombia: a guideline


Marco jurídico para la paz Victim Assistance and Reparations Unit
 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
 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
 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
 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.
 
 Legislative Act 01 of 2012, or "Legal Framework for Peace"
 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
 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.

https://www.ictj.org/colombia-timeline/index_eng.html

No comments:

Post a Comment