Posted on March 26, 2017 9:26 am
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Categories: Legal

UN Critical of ‘Ambiguities of Amnesty Law and JEP’ Regarding Official Guilt; ‘State Crimes Must be Recognized’

The 2016 report of the Office of the High Commissioner for Human Rights in Colombia warns of the restrictions, gaps and ambiguities of the Amnesty Law and of the JEP regarding public officials. It calls for recognition of state crimes.

The UN report on the situation of human rights in Colombia in 2016 is critical of the implementation of the Havana peace accords. While recognizing the opportunity and the efforts of the institutions and of FARC itself, the High Commissioner for Human Rights in Colombia (HCHR), Todd Howland, issued several warnings regarding legislation, security in rural areas, vague guarantees of non-repetition and violation of economic, social and cultural rights.

“The recognition of violations committed by public servants must take into account the state, political, institutional and individual dimensions, as a whole. Vast official and political sectors still deny that State agents have committed serious violations, even in cases where the President has officially recognized the responsibility of the State. Ensuring that recognition has a healing effect on victims is one of the transcendental political, legal, and cultural challenges of the peacebuilding process.”

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In general, the UN is concerned that the SIVJRNR may sink by “the ambiguity and lack of precision in new institutional mandates and legal frameworks, the need for resources, the overlapping of functions and the large number of cases that need to be Processed “. The effort of “coherence and coordination” that the institutions of the State will have to make is monumental.

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Regarding the Legislative Act passed this week in the Congress which implements the Integral System of Truth, Justice, Reparation and Guarantees of Non-Repetition (SIVJRNR), the HCHR believes that “it restricts and distorts the legal framework that magistrates must apply in cases of violations of human rights committed by members of the military or police forces and does not comply with international standards on the responsibility of superiors and commanders.” In fact, the UN asks the International Criminal Court (ICC) Prosecutor, Fatou Bensouda, to rule on this issue in order to clarify “the applicable rules related to the responsibility of the superior”. Paco Gómez Nadal, Colombia Plural