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. Colombia Plural
The debate on the so-called "responsibility of command" (RdM) in the constitutional reform that incorporates the "special peace jurisdiction" (JEP) into Colombian jurisprudence has been very difficult for at least three reasons: (i) Because if we do not solve it properly we run the risk of affecting the legitimacy and legal security of the peace agreement; (Ii) it is legally complex and can make it boring and difficult for many to understand; and (iii) has been unduly polarized because retired officers, especially ACORE (Associate of Retired Colombian Officers), have wrongly stated that those who argue that the regulation of RdM in JEP must respect international law is part of a conspiracy of leftists, who receive money so that the high military commands are judged more severely than the guerrillas; even that they are judged "in the most violent manner."
JEP adequately applying this RdM (Responsibility of command), both to the guerrilla fighters and to agents of the state is fundamental not only to avoid the impunity of those who have incurred this responsibility, but also to give a solid legal foundation to the peace process due to the obligations that Colombia has in terms of international law and that would allow eventual interventions by the ICC, should Colombia not comply with them. Rodrigo Uprimny, La Silla Vacía
"Without application of the amnesty and without the release of those members or collaborators of FARC entitled to Amnesty under the Final Agreement, it is irresponsible to pretend to demand that weapons be laid down. FARC are showing a commitment to the peace process which is more explicit and effective than that expressed by several state institutions." Semana
Command responsibility defines, "The responsibility of superiors for the crimes of their subordinates if the superiors do not fulfill their obligation to supervise them adequately. The basis of the superior's responsibility lies in international humanitarian law. The criminalization of the absence of supervision dates back to a famous case that took place after World War II against the Japanese commander in the Philippines, Mr. Yamashita." Semana
This is crucial because in their current form, the new provisions in the transitional justice law are a slap in the conflict’s victims’ faces. They violate both the spirit and the intent of the peace accord—especially a part of the accord that took 19 long months to negotiate. If for some reason the Constitutional Court fails to bring Colombia’s transitional justice system in line with international standards and the spirit of the accords, WOLA will urge the International Criminal Court to act. WOLA
Almost 100 FARC political prisoners began an indefinite hunger strike on Saturday to demand better prison conditions and an acceleration and commitment to the peace process. The FARC inmates insisted that the state speed up its execution of the peace process, especially “that the release of political prisoners and the amnesty law become a reality.” Telesur English
Some twenty retired generals are working on a letter to send the president asking him to excludefrom the Special Jurisdiction for Peace the concept of international criminal justice and the responsibility for commanders of serious crimes. El Espectador
Retired General Henry Torres is one of 22 generals who are investigated over the mass killing of civilians that cost the lives of an estimated 4,000 civilians, mainly while former President Alvaro Uribe was in office and particularly when current President Juan Manuel Santos was defense minister. Some 24,400 state officials and some 12,500 civilians will have to appear before the transitional justice system for war-related crimes. Between 6,200 and 20,000 FARC members will also appear before this court. Colombia Reports
The presiding judge of the hall, Eugenio Fernández Carlier, made the announcement "making it clear that the committee will establish its own rules and will have autonomy and independence for its work". Caracol Radio.