ACT 241 OF 1995
Official Journal No. 42,719 of 14 February 1996.
131 of Law 418 of 1997, published in Official Journal No. 43,201 of December 26, 1997 >
For which the validity is extended, it is amended and added to the Act 104 of 1993.
THE CONGRESS OF COLOMBIA,
ARTICLE 1o. Extend the validity of articles 1o., 2o., 3o., 4o., 5o., 6o., 7o., 8o .. 10, 11, 12, 13, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 51, 55, 63, 64, 65, 66, 67, 68, 69, 70, 72, 73, 74, 76, 77, 78, 79, 80, 81, 83, 84, 85, 86, 87, 88, 89, 92, 93, 102, 103, 104, 105, 106, 107, 109, 110, 111, 112, 113, 115, 116, 117, 120, 121, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134 and 135 of Act 104 of 1993.
ARTICLE 2o. 26 of Law 365 of 1997 >.
ARTICLE 3o. The title of Chapter III of Title I of the First Part of the Law, shall be as follows:
Provisions to facilitate dialogue and the signing of agreements with the guerrilla groups, their military demobilization, the reconciliation between Colombians and peaceful coexistence. "
Representatives expressly authorized by the National Government, in order to promote reconciliation among Colombians, peaceful coexistence and peace, will be able to:
a) Conduct acts to engage in talks and dialogues with guerrilla groups;
b) Bring forward dialogues and sign agreements with spokespersons or members representing guerrilla groups that are aimed at their military demobilization and their reintegration into civilian life;
[c] To advance dialogues and to sign agreements with the spokespersons or members representing the guerrilla groups, in order to promote the humanization of the internal conflict, respect for human rights, or the reduction of the intensity of the Hostilities.
PARAGRAFO 1o. In order to facilitate their movement through the national territory, the National Government may suspend the execution of the arrest warrants issued or issued against the members representing the guerrilla groups that it brings forward. peace talks with the National Government. for the time it determines.
" The National Government will be able to agree with the spokesmen or members-representatives of the guerrilla groups. in a peace process, the temporary location of such spokespersons or representatives or members of such guerrilla groups in certain areas of the national territory.
" The President of the Republic shall determine, by express order and in the manner that he considers relevant, the location and modalities of action of the Public Force, in order to ensure the safety and integrity of all those who participate in the the peace processes that are located in the areas covered by the preceding paragraph, or which are in the process of being displaced towards them, by means or sectors defined for the purpose.
" In the affected areas, the execution of the arrest warrants against the members of the guerrilla groups that will advance a peace process will be suspended until the government determines or declares that it has completed this process.
El Salvador] The Interior Ministry and the Office of the High Commissioner for Peace, or who will do their time, will draw up the list of people who concentrate on the respective zone in their condition as guerrillas after certification, under the severity of the the oath, issued by the spokespersons or members representing the respective group, who will be criminally responsible for the veracity of such information. The Ministry of the Interior shall send the relevant judicial, military and police authorities the list so elaborated.
" PARAGRAFO 2o. For all intents and purposes it is understood by spokesperson, the person of civil society that without belonging to the guerrilla group, participates in the name of the guerrilla group in the conversations and dialogues that this Chapter deals with. The person against whom the current arrest warrant is issued will not be admitted as a spokesperson. '
" In order to facilitate the transition to the civil and legal political life of the guerrilla groups in a peace process directed by the government, the government will be able to appoint, for each group and in its representation, a number of The plural members in each Legislative Chamber, as well as other public corporations of popular choice.
" The government may not take into account certain skills and requirements for making such appointments.
"In order to determine the desirability of appointments in public corporations of regional and local popular choice, the National Government may consult the respective territorial authorities."
' The direction of any peace process rests exclusively with the President of the Republic as responsible for the preservation of public order throughout the nation. Those who, in the name of the Government, participate in the peace talks and agreements, will do so in accordance with the instructions given by them.
' The President of the Republic may authorize the participation of representatives from various sectors of civil society in the conversations and dialogues referred to in this Chapter, when in his opinion they can collaborate in the development of the peace process '.
'The rules of this Chapter apply to popular militias to whom the National Government recognizes political character.'
Representatives authorized by the Government may carry out acts aimed at establishing contacts with the so-called self-defense groups and concluding agreements with them, in order to achieve their submission to the law and its reinstatement to civilian.
Persons who participate in the dialogues and in the conclusion of the agreements referred to in this Chapter with the authorization of the National Government shall not incur criminal responsibility for their intervention in the same. "
" For the purposes of this Law, victims are understood to be those who suffer damages because of terrorist attacks committed with bombs or explosive devices, guerrilla attacks and combats that affect indiscriminately to the population and massacres carried out in a manner discriminated against by ideological or political motives against a group of civilian population in the framework of the internal armed conflict.
" PARAGRAFO 1o. In cases of doubt, the Board of Directors of the Social Solidarity Network of the Presidency of the Republic shall determine whether or not the measures referred to in this Title are applicable.
" PARAGRAFO 2o. For all the purposes of this Law, every time the 'Solidarity and Social Emergency Fund' and/or Decree 2133 of 1992 are mentioned, it must be read 'Social Solidarity Network', in accordance with the provisions of Decree 2099 of 1994.
" PARAGRAFO 3o. All the benefits of this Title are extended to the events that occurred during the guerrilla attacks and combats that indiscriminately affect the civilian population and massacres carried out in a discriminatory manner. ideological or political against a group of civilian population in the framework of the internal armed conflict. "
" In the development of the principle of solidarity, the Fund for Financing the Agricultural Sector, Finagro, will make the rediscount of the operations carried out by the entities belonging to the National System of Agricultural Credit to the victims. of the violent acts referred to in Article 18, to finance working capital and investment credits.
' These operations will be made by the Fund for the Financing of the Agricultural Sector, Finagro, in a total initial amount of two billion pesos (52,000,000,000) for the fiscal year of 1996. In case such resources are insufficient, additional operations may be carried out. "
" In development of its functions, the Social Solidarity Network of the Presidency of the Republic will contribute to the realization of the operations referred to in the previous article, as follows:
" The difference between the rate at which the Fund for Agricultural Sector Financing, Finagro, and the rate at which the rediscount of the credits granted by the credit institutions is made, will be covered with a charge. to the resources of the Social Solidarity Network, in accordance with the terms that are stipulated in the agreement signed between the Fund for the Financing of the Agricultural Sector, Finagro and the Social Solidarity Network.
' In the convention referred to in this Title, the conditions and amounts that the reaccounting credits may have for the Fund for the Financing of the Agricultural Sector under development of this Chapter will be specified. take into account the principle of solidarity and the duty to protect people who are in circumstances of manifest weakness. '
" In those events where the victims of the violent acts referred to in Article 18, they found themselves unable to provide a sufficient guarantee in accordance with the healthy market practices In order to respond to the credits provided for in the previous articles, these credits may be guaranteed by the Agricultural Guarantee Fund of Guarantees, FAG.
" For the purposes of the foregoing paragraph, in the development of its institutional object and in the exercise of the privileges granted to it by Decree 2099 of 1994, the Social Solidarity Network may conclude a contract of cooperation with the Fund Agricultural Guarantee Fund, FAG, whose function will be to guarantee the payment of the credits granted under the development of this Chapter by the credit institutions, through the discount lines of the Fund for the Financing of the Sector Agriculture, Finagro, to the victims of the violent acts of the article 18, in the cases provided for in the first paragraph of this Article.
" The Agricultural Guarantee Fund, FAG. shall issue the guarantee certificate within a period not exceeding three (3) working days from the date on which the respective application to the FAG has been submitted and the compliance with the relevant requirements.
" PARAGRAFO. Those who claim to be beneficiaries of the guarantee provided for in this article must prove their status as victims and their inability to provide guarantees to the Social Solidarity Network, which may issue certificates of this kind. information to credit establishments based on the lists referred to in Article 24 of this Law.
" The respective credit establishment may make cash before the Agricultural Guarantee Fund, FAG. the corresponding guarantee certificate, in order to be reimbursed the balance in your favor, provided that in addition to the other the conditions that have been agreed upon, credit the Social Solidarity Network that has failed to advance the necessary actions for the recovery of the sums due, according to what is indicated in the contract between the Solidarity Network Social and the Fund in mention ".
" Victims who suffered a loss of 50% or more of their qualified work capacity based on the National Government's Unique Manual for the Rating of Invalidity, will be entitled to a statutory minimum pension, according to the with the provisions of the General Pension Scheme of Law 100 of 1993, provided that they lack other pension and health care possibilities. '
" For the purposes of attending to victims of the violent acts referred to in Article 18 of this Law in the terms of this Title, a specific item shall be assigned annually in the General Budget of the Nation.
" Those who suffer damages due to homicides or other attacks or attacks on life, physical integrity, security or personal freedom, committed by ideological or political motives, or are the subject of threats concerning the Commission of attacks or attacks of this nature, will be benefited by an emergency humanitarian aid, tending to mitigate or to prevent the aggravation or the extension of the effects of the same.
"The aforementioned humanitarian aid will be granted by the Social Solidarity Network from the amount of the specific item that will be allocated annually to the effect in the General Budget of the Nation and up to the total amount of this item."
demonstration of the will to return to civilian life requires the organization and its members, the military demobilization, in the terms of the peace and reconciliation policy of the National Government.
" For the assessment of the circumstances of the military demobilization and the applicant's membership in the respective organization, the National Government may base itself on the information provided by the spokespersons or representatives, who will also respond criminally for the accuracy of the information. The National Government may also rely on information received through public servants.
" If these are requests made by the persons referred to in Article 532), the National Government shall make the assessment of such application taking into account the link it has or has had the applicant with such groups, in consultation with the information available to the State security agencies, the means of proof provided by the person concerned, the material supply of the arms to the competent authority for the purpose and the other elements of judgment that it considers relevant. "
"Once elaborated, the Ministry of the Interior must send a copy to the Ministry of Justice and Law."
' Received the minutes, the Ministry of Justice and the Law will send copies of the proceedings to all the Courts and the Directorates of the Office of the Prosecutor General of the Nation.
' These, in turn, will have to order the judicial authorities and the competent authorities, the immediate dispatch to their office of all the processes in which the accused persons are included in the minutes prepared by the Ministry of the Interior. This shipment must be carried out in a term not greater than three (3) days, plus that of the distance, under penalty of incurring a causal of misconduct.
' The authorities that have in their possession processes with a damning sentence against the persons who appear in the proceedings, must send them to the Ministry of Justice and the Law in the same terms as the previous paragraph.
" PARAGRAFO. As soon as this law is in force, the judicial authorities shall report to the Ministry of Justice and the Law of each of the processes that are followed against persons duly identified by facts. constitutive of the political crimes of rebellion, sedition, ass, conspiracy and those connected with them ".
" In order to establish the connection referred to in Article 87 of the Code of Criminal Procedure, of the facts of the investigation with the political crime, the following evidence shall also be taken into account:
" a) The inclusion of the applicant in the minutes of the Ministry of the Interior;
" (b) Certifications issued for the purpose by the competent authorities;
" c) The constancy for all effects to be issued by spokespersons or members representing the guerrilla organization;
" d) Any other probative means that the petitioner or his/her proxy attaches to the application;
" PARAGRAFO. If the connection has not been declared in the judgment, the person concerned may request that it be established by the Ministry of Justice and the law in accordance with the established means of proof. "
" The benefit of pardon will be requested by the person concerned, directly or through proxy, by writing to the Ministry of Justice and the Law.
" The powers conferred do not require personal presentation. Their replacement, as well as the presentation of any other memorial. shall be made in accordance with the common rules of procedure.
" The application shall contain, in addition to the request for the benefit, the express and direct manifestation of the will to return to the civil life, which shall be understood to be borrowed under the gravity of the oath. It shall also contain an indication of the judicial office in which the file is located, if it is known to the person concerned.
"The Ministry of Justice and Law will only study the individual applications of persons appearing in the minutes drawn up by the Ministry of the Interior."
"Those who are deprived of the liberty at the time of granting the pardon shall be immediately released into the firm's decision by the competent authority."
" It may also be granted, as appropriate according to the state of the respective criminal proceedings, the cessation of the procedure, the resolution of precluding of the instruction or the inhibitory resolution, to those who confess, have been or were denounced or prosecuted for acts constituting the offences referred to in this Title, and have not yet been condemned by an enforceable judgment.
" For these purposes, the application shall be processed in accordance with the foregoing articles and, once the requirements have been verified, the Ministry of Justice and the Law shall forward the application to the relevant Tribunal, or to the Office of the Prosecutor General's Office. who will proceed with the procedure, who will have to issue, in a plane, the providence that decides the respective application, in the terms of Article 178 of the Code of Criminal Procedure, observing the principle of speed.
" If the person is deprived of liberty, the authorities must give preferential treatment to applications for legal benefits, and in the providence in which the request for the precluding of the instruction or the cessation is granted. procedure, the order of arrest of the beneficiary must be revoked, the arrest warrants should be cancelled and ordered to be officiated by the competent bodies.
" The Criminal Court of the Court of Justice shall resolve within three (3) months of the following months, counted from the day following receipt of the file. This term is unextendable ".
" The proceedings against the persons to whom the provisions of this Chapter apply shall be suspended from the date on which the file is sought from the competent judicial authority, until the request is made. The terms for the prescription and provisional release effects referred to in Article 415 (4) and (5) of the Criminal Prosecution Code shall also be suspended.
" The terms regarding the provisional freedom referred to in the numeral 2 of the same article shall not be suspended, in order to be a beneficiary of probation and freedom for the execution of the sentence.
"The application shall be broken by the procedural unit with respect to the other related persons".
" Persons who are granted the pardon or respect of which the cessation of proceedings is decreed, the precluding of the instruction or the decision to inhibit in the development of these provisions, may not be processed or judged by the same facts which gave rise to their granting, without prejudice to the provisions of the following Article.
" The judicial authority that in contravention of the provisions of the foregoing paragraph continues the process with respect to the same facts, and once there has been full proof of the benefit granted, it will incur a causal of misconduct without prejudice of the criminal liability to which it takes place. "
" The pardon, the cessation of proceedings, the precluding of the instruction or the inhibitory resolution shall have no effect if the beneficiary committed any criminal offence within two (2) years of his granting. This condition shall be made known in the act containing the relevant decision.
" In the case of the pardon, the National Government will proceed to revoke the resolution that has granted it. A copy of the same shall be sent to the judicial officer who has met the process in the first or only instance, in order to proceed with its execution.
" For the case of the cessation of proceedings, the precluding of the instruction or the inhibitory resolution, the judicial officer will revoke the providence and open the process.
" The judicial authority that knows of a new process against the favored persons will immediately inform the Ministry of Justice and the Law.
" The benefits that are enshrined in this title do not include the responsibility that the favored have on individuals.
"In the event that such benefits are granted, civil action may be attempted after the ordinary civil jurisdiction."
"The rules of this title apply to the Popular Militias with political character with which the National Government signs or has signed Peace Accords."
" Persons who demobilize under the framework of agreements with guerrilla groups or individually will be able to benefit to the extent that their legal situation permits, of the socioeconomic reinsertion programs that for the establish the National Government '.
"The program that deals with this article will also be able to protect witnesses, victims and interveners in processes that the Military Criminal Jurisdiction and officials who act in the service of this".
" PARAGRAFO. Without removing its autonomy to adopt the corresponding decision, the Prosecutor General of the Nation will pay special attention to the requests for protection of persons who, duly motivated, the Ombudsman or the Presidential Adviser on Human Rights. "
In the processes in which human rights violations and violations of international humanitarian law are investigated, special protection will be given to witnesses, victims and interveners in the criminal proceedings and judicial officials, when the safety of the same is advised.
" PARAGRAFO. The competent bodies shall receive the applications for protection jointly submitted by the Office of the Ombudsman and the Presidential Office for Human Rights. "
" The Office of the Attorney General of the Nation will create and administer a program of protection for witnesses, victims, and interveners in the disciplinary processes and officials of the Attorney General's Office, to which the provisions will apply, as appropriate. of this title, including what is provided for in the paragraph of article 66, in article 71, and in the paragraph of article 74.
"In the General Budget of the Nation, a specific item shall be allocated annually to cover the costs of the operation of the program covered by this Article."
" In accordance with the provisions of Article 6 of Law 199 of 1995, the Ministry of the Interior shall put into operation a program of protection for persons who are at risk against their life, their integrity, their security or their freedom from causes related to political or ideological violence, or to the internal armed conflict that the country suffers, and which belong to the following categories:
" 1. Leaders or activists from political groups and especially opposition groups.
" 2. Leaders and activists from social, civic and community organizations, trade unions, peasants, and ethnic groups.
" 3. Leaders and activists of human rights organizations.
" 4. Witnesses of cases of violation of human rights and of violation of international humanitarian law, whether or not the respective criminal, disciplinary and administrative processes have been initiated. "
"The program that deals with the previous article will provide its beneficiaries with services and means of protection, including changes of address and location, but will not be able to give rise to the change of their identity."
" The provisions of this Title, including the provisions of the paragraph of article 66, in article 71, and in the paragraph of article 74, apply as appropriate, to the program covered by the previous two articles.
" PARAGRAFO. The audit of this Chapter will also be aimed at preventing public resources from being used for the financing of activities of rural or urban grassroots militias, self-defense groups and organizations. ".
"The officials concerned are required by this article to the same prohibitions, and applicable the same inabilities and incompatibilities of the public servants; as laid out in Law 200 of 1991"
" PARAGRAFO. For the purposes provided for in this Chapter, the Ministry of the Interior and the Office of the Prosecutor General of the Nation shall conclude an administrative agreement to train the officials of the Special Audit Unit of Public Order for the compliance with the judicial police functions.
"The judicial police functions exercised by the Special Audit Unit of Public Order shall in no case be performed by active duty military personnel."
" The government may declare the revocation or decree the unilateral liquidation of any contract concluded by a public entity, when the contractor incurs, on the occasion of the contract and in relation to the groups described in the article 76 and its paragraph, in any of the following causes:
" 1. Make, tolerate, or omit anything by invoking or unjustifiably ceding threats from such groups:
" 2. Receive, supply, manage, intervene, finance, transfer, store, transport. to store or retain money or goods from or to such groups:
" 3. Collaborate or assist such groups;
" 4. To construct, assign, lease, make available, facilitate or transfer to any title, goods to be used for the concealment of persons or to the deposit or storage of belongings of such groups or of their members.
" 5. To paralyze, suspend or significantly reduce the performance of their contractual obligations to take instructions from such groups or their members;
" 6. Failure to comply with the duty to report punishable acts, the commission of which has met on the occasion of the contract, which are committed by members of such groups.
" PARAGRAFO. For the purposes of this Article, the contractor's conduct is the conduct of his agents or dependents, of which he has become aware. "
" The goods that have been preemptively seized and the apprehended, in accordance with the provisions of this Chapter, the Code of Criminal Procedure and other special rules, shall be administered by the Office of the Prosecutor General of the Nation, except for drug trafficking and related activities, which will continue to be administered by the National Narcotics Directorate.
" When it comes to oil or its derivatives, after determining their quality and their value, they will be delivered to the Colombian Petroleum Company, which will be able to market them. The order which provides for the final delivery of the goods referred to in this paragraph shall be fulfilled by the return of the same or other goods of the same kind, quantity and quality, or by payment of the value they have on the date on which they are the respective decision is executed ".
" The principal real rights or accessories on the goods that the Office of the Prosecutor General of the Nation administers will be extinguished in favor of the State, in accordance with the procedure provided for in Article 57 of Decree 099 of 1991, incorporated as permanent legislation under Article 4 (o). of Decree 2271 of 1991 and other special rules ".
" 3. Of those originating in the application of Article 31 of Law 190 of 1995. "
"It is up to the President of the Republic to maintain public order throughout the national territory and to restore it wherever it is disturbed."
" Without prejudice to the criminal sanction to which there is a place, the governors and mayors who incur any of the special faults provided for in Article 14 of Law 4a. In 1991, creditors shall be given the penalty of suspension in the exercise of the office for up to sixty (60) calendar days or the dismissal of the same, depending on the seriousness of the fault.
" In the same way, the sanctions will be applicable to such officials when they develop any of the following behaviors:
" 1. Establish contacts or links, directly or indirectly, with members of subversive groups, rural or urban grassroots militias, self-defense groups, or criminal organizations linked to drug trafficking and terrorism, without prior authorisation from the national government, or in contravention of the instructions given by the national government.
" 2. Failure to provide timely and effective response to orders or instructions for the conservation and restoration of public order by the competent authority.
" 3. To promote, through statements or pronouncements of any kind, the lack of knowledge of the orders or instructions issued by the competent authority in the field of public order.
" 4. Consent or allow their deputies to disregard the orders or instructions given by the competent authority in the field of public order, or not to apply the corrective measures to the place where this occurs. "