Social 01-11-2018

CPI warns Colombia of possible intervention if the military is treated differently

The Deputy Prosecutor of the ICC, James Kirkpatrick Stewart, is preparing an intervention in which he will expose the concern of that body before the special prosecution for members of the Public Force that was approved by Congress last June and in front of a special room for the military that is being discussed.

"As long as there is a system of transitional justice that is operative, could the creation of a parallel system be understood as an attempt to subtract the authors from their criminal responsibility?", Says a text that will be read by Stewart in Bogotá and that was revealed partially by the local radio station Blu Radio.

Specifically, the official reflects the concern of the IACHR and its possible intervention to the Colombian State, as well as the possibility that it initiate an investigation, in the event that these modifications to the Special Jurisdiction for Peace (JEP, tribunal in charge of judging the military and guerrillas who participated in the armed conflict) on the part of the Congress end up benefiting the military that participated in crimes against humanity.

Currently, and on the initiative of the right-wing Democratic Center party, led by former president and senator Álvaro Uribe (2002-2010), the JEP is being modified in Congress to create special rooms for magistrates or magistrates who are known to be appointed of issues related to the Public Force, in such a way that they are those that judge the military.

This differentiated treatment for the agents of the Public Force would allow, in addition, to suspend for 18 months the proceedings against the military while the special wards are created, which for the ICC means leaving behind cases that are important and to which they should be given a prompt solution for the effective reparation of the victims.

For Stewart and the ICC, if this initiative were to succeed, it would limit the functions of the peace tribunal, whose duty is to investigate, prosecute and punish crimes against International Humanitarian Law.

Similarly, according to the station, the official will warn that Colombia must comply with its State obligations to do justice to those who have committed crimes against humanity or atrocious crimes.

The initiative to create special rooms for the military, which is a matter of dialogue in Congress, seeks to see that these are tried differently from ex-combatants of the FARC guerrillas, now a left-wing political party after the signing of the Agreement. Peace with the Government in November 2016.


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