The Special Jurisdiction for Peace (in Spanish: Jurisdicción Especial para la Paz, JEP), also known as Special Justice for Peace, is the Colombian transitional justice mechanism through which FARC members, members of the Public Force and third parties who have participated in the Colombian armed conflict are investigated and put on trial. [1] [2]
The JEP, justice component of the Comprehensive System of Truth, Justice, Reparation and Non-Repetition, [3] addresses crimes committed before the November 24, 2016 signing of the peace agreements between the government of Juan Manuel Santos and the FARC guerrillas. The JEP was approved in the Senate in March 2017 and has been in force in Colombia since then.
Its creation was agreed by the government of Juan Manuel Santos and the FARC guerrillas in the framework of the peace agreements signed in Havana as an accountability system with the objective mainly of satisfying the rights of the victims, with the task to clarify "in the context and because of the armed conflict, in particular the most serious and representative crimes" to put an end to more than half a century of armed conflict. [4]
This agreement accepts that there are crimes committed in the context and because of the armed conflict that are so serious that they cannot be subject to amnesties and pardons, and that the transition from the armed conflict to peace in Colombia will be made by guaranteeing the right to Victims to justice. [3]
The objectives of the Jurisdiction are to satisfy the victims' right to justice, offer truth to Colombian society, protect the rights of the victims, contribute to the achievement of a stable and lasting peace, and adopt decisions that grant full legal certainty to those they participated directly or indirectly in the internal armed conflict, regarding facts committed in the context and because of it, in particular those that constitute serious violations of International Humanitarian Law or serious violations of Human Rights. [3]
It is an accountability system that, in addition, will have the task of clarifying and punishing the conduct committed “ in the context and because of the armed conflict, in particular the most serious and representative crimes”. The agreement accepts that there are crimes committed in the middle of the war that "are so serious that they cannot be subject to amnesties and pardons". [4]
According to the Colombian High Commissioner for Peace, the objectives of the JEP are:
The JEP will be composed of mainly Colombian magistrates, notwithstanding a minority participation of foreigners, and will consist of five bodies and an Executive Secretariat: [3] [4]
The JEP applies to all those who, having participated directly or indirectly in the armed conflict, committed crimes in the context and because of it. In this sense, the Jurisdiction will apply to: [3]
Since its establishment, the JEP has been questioned about the cases it investigates. The cases include alleged crimes against humanity related to the armed conflict with the FARC. In particular, the right-wing Democratic Center political party [5] (chaired by former president and senator Álvaro Uribe) has maintained that amnesty should not be offered in heinous crimes and has complained that the JEP will "give impunity" to those who committed them. It is also questioned by some scandals that involve contracts without fulfilling requirements and bribes to JEP prosecutors to favor certain cases, so Uribe proposes to repeal this Special Peace Jurisdiction. However, several political, social, civil and even international sectors have rejected the heated criticism of the court, noting that the now senator does so in order to guarantee his impunity, since they consider that in several of the crimes now studied by the JEP, include him as a main actor. [6] [7]
The impartiality of the JEP has also been questioned. For the Colombian intellectual Renán Vega Cantor: "It is stated, for example, that the JEP has discovered the existence of more than 6,400 false positives. First of all, this is not really a breakthrough because it was already quite clear. Even the real number of false positives during the Uribe government is higher, something like double. But the fundamental comparative element is the way in which the actions of the FARC and the army are judged. In the case of the FARC, they are judged from the top, holding the leadership and the command responsible, and then extending downwards to the whole group. But in the case of false positives, individual cases are judged from below, without ever going back to the top. The highest authorities, like presidents, like Álvaro Uribe himself, will never be judged in this space. The JEP has become a tribunal to judge the FARC and to delegitimize their struggle in historical terms, stating that they were only kidnappers, extortionists, with no ideological or political motives to justify their insurrection. What concord can be drawn from this treatment?". [8] A contributor to EJIL: Talk! argued that the JEP has violated "the principle of legality", prevented "parties and participants from challenging its decisions", and threatened "judicial impartiality". [9]
The history of Colombia includes the settlements and society by indigenous peoples, most notably, the Muisca Confederation, Quimbaya Civilization, and Tairona Chiefdoms; the Spanish arrived in 1492 and initiated a period of annexation and colonization, most noteworthy being Spanish conquest; ultimately creating the Viceroyalty of New Granada, with its capital at Bogotá. Independence from Spain was won in 1819, but by 1830 the "Gran Colombia" Federation was dissolved. What is now Colombia and Panama emerged as the Republic of New Granada. The new nation experimented with federalism as the Granadine Confederation (1858), and then the United States of Colombia (1863), before the Republic of Colombia was finally declared in 1886; as well as constant political violence in the country. Panama seceded in 1903. Since the 1960s, the country has suffered from an asymmetric low-intensity armed conflict, which escalated in the 1990s, but then decreased from 2005 onward. The legacy of Colombia's history has resulted in a rich cultural heritage; while varied geography, and the imposing landscape of the country has resulted in the development of very strong regional identities.
The Revolutionary Armed Forces of Colombia – People's Army is a Marxist–Leninist guerrilla group involved in the continuing Colombian conflict starting in 1964. The FARC-EP was officially founded in 1966 from peasant self-defense groups formed from 1948 during the "Violencia" as a peasant force promoting a political line of agrarianism and anti-imperialism. They are known to employ a variety of military tactics, in addition to more unconventional methods, including terrorism.
Álvaro Uribe Vélez is a Colombian politician who served as the 31st President of Colombia from 7 August 2002 to 7 August 2010.
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The Colombian conflict began on May 27, 1964, and is a low-intensity asymmetric war between the government of Colombia, far-right paramilitary groups and crime syndicates, and far-left guerrilla groups, fighting each other to increase their influence in Colombian territory. Some of the most important international contributors to the Colombian conflict include multinational corporations, the United States, Cuba, and the drug trafficking industry.
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Luciano Marín Arango, better known as Iván Márquez, is a Colombian guerrilla leader, member of the Revolutionary Armed Forces of Colombia (FARC), part of its secretariat higher command and advisor to the Northwestern and Caribbean blocs. He was part of the FARC negotiators that concluded a peace agreement with President Juan Manuel Santos. On 29 August 2019, Márquez abandoned the peace process and announced a renewed armed conflict with the Colombian government.
Juan Manuel Santos Calderón is a Colombian politician who was the President of Colombia from 2010 to 2018. He was the sole recipient of the 2016 Nobel Peace Prize.
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The "false positives" scandal was a series of murders in Colombia, part of the armed conflict in that country between the government and guerrilla forces of the FARC and the ELN. Members of the military had poor or mentally impaired civilians lured to remote parts of the country with offers of work, killed them, and presented them to authorities as guerrilleros killed in battle, in an effort to inflate body counts and receive promotions or other benefits. While Colombian investigative agencies find cases as early as 1988 the peak of the phenomenon took place between 2006 and 2009, during the presidency of Álvaro Uribe Vélez.
Colombia has been in the throes of civil unrest for over half a century. Between 1964 and now, 3 million persons have been displaced and about 220,000 have died, 4 out of 5 deaths were non-combatant civilians. Between left and right-winged armed forces, paramilitary and/or guerrilla, and an often corrupt government, it has been difficult for Colombia to set up any kind of truth or reconciliation commission. That is why the first on the scene, so to speak, were representatives of the UN. The Office of the United Nations High Commissioner for Human Rights has been present in Colombia since 1997. Since 2006 though, there has been another international movement turning its attention to Colombia; namely the International Center for Transitional Justice (ICTJ). The works of both of these institutions have led to a few semi-official national committees to oversee truth seeking missions in the hopes of eventually achieving reparation. In 2012, the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) began their fourth attempt to negotiate an end to the fighting. Peace talks between the Colombian government of Juan Manuel Santos and the FARC, the main guerrilla force in the country, are currently underway in Havana, Cuba. The main issues are land redistribution, integration of the FARC into the political arena and an end to the powerful cocaine cartels. Though past attempts at peace talks have failed, negotiators in Havana, Cuba have gotten significantly further than ever before. Experts agree that it is not unreasonable to expect an accord by the end of 2014. In the words of President Santos: "Only in a Colombia without fear and with truth can we begin to turn the page."
The Colombian peace process is the peace process between the Colombian government of President Juan Manuel Santos and the Revolutionary Armed Forces of Colombia (FARC–EP) to bring an end to the Colombian conflict, which eventually led to the Peace Agreements between the Colombian Government of Juan Manuel Santos and FARC-EP. Negotiations began in September 2012, and mainly took place in Havana, Cuba. Negotiators announced a final agreement to end the conflict and build a lasting peace on August 24, 2016. However, a referendum to ratify the deal on October 2, 2016 was unsuccessful after 50.2% of voters voted against the agreement with 49.8% voting in favor. Afterward, the Colombian government and the FARC signed a revised peace deal on November 24 and sent it to Congress for ratification instead of conducting a second referendum. Both houses of Congress ratified the revised peace agreement on November 29–30, 2016, thus marking an end to the conflict.
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