1995 (December 26)
Official Gazette No. 42719 of 14 February 1996
By which the term is extended, amending and supplementing Law 104 of 1993. Summary
CONGRESS OF COLOMBIA DECREES
ARTICLE 1o. It extend the validity of Articles 1o., 2o., 3o., 4o., The 5th., 6o., 7th., 8th, .. 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 Law 104 of 1993
. . Effective Notes
ARTICLE 3. The title of Chapter III of Title I of Part I of the Act shall read as follows:
provisions to facilitate dialogue and the signing of agreements with the guerrillas, military demobilization, reconciliation among Colombians and peaceful coexistence "
the 4th ARTICLE Article 14 of Law 104 of 1993, shall be as follows:..
representatives expressly authorized by the Government, in order to promote reconciliation among Colombians, peaceful coexistence and achieve peace, may:
a) perform any act aimed to engage in discussions and dialogues with guerrilla groups
b) Further talks and sign agreements with spokespeople or representatives members of guerrilla groups aimed their military demobilization and their reintegration into civilian life;
c) Further talks and sign agreements with spokespeople or representatives of members of guerrilla groups, in order to promote the humanization of internal conflict, respect for human rights or decreasing the intensity of hostilities. PARAGRAPH 1.
. In order to facilitate movement throughout the country, the Government may suspend the execution of the arrest warrants that have been issued or may be issued against members representatives of the guerrilla groups that advance peace talks with the Government. by the time it sets.
"The national government may agree with spokespersons or members -. Representatives of the guerrilla groups in a peace process, the temporary location of such spokespersons or representatives or members of the members of such guerrilla groups in certain areas of the territory national.
"the President of the Republic shall, by expressly and in the manner it deems appropriate order, location and modes of action of the security forces, in order to ensure the security and integrity of all involved in peace processes that are located in areas referred to in the preceding paragraph, or are in the process of moving towards them, on roads or areas defined for the purpose.
"In the aforementioned areas will be suspended the execution of the arrest warrants against members of guerrilla groups that advance a peace process, until the government so determined or declare that the process has completed.
' the Interior Ministry and the Office of the High Commissioner for Peace, or his substitute, will draw up a list of people to focus on the respective area as a condition of guerrillas precertification under oath, issued by the spokespersons or representatives of the respective group members who are criminally responsible for the accuracy of such information. the Interior Ministry sent to the judicial, military and police authorities concerned made the list as well.
"paragraph 2o. For all purposes means spokesman, the person of civil society without belonging to the guerrilla group participates in their name in conversations and dialogues in this Chapter. Not be admitted as spokesman the person against whoever does capture order '.
The 5th ITEM. Article 15 of Law 104 of 1993, will read:
"In order to facilitate the transition to civilian life and legal policy of guerrilla groups who are in a peace process led by the Government, it may to name only once, for each group and on their behalf, a plural number of members in each legislative chamber, as well as other public corporations of popular election.
"the government may not take into account certain disabilities and, requirements to make such appointments.
"In order to determine the suitability of appointments to public corporations, regional and local elected, the Government may consult the respective territorial authorities".
ARTICLE 6o. Article 16 of Law 104 of 1993, will read:
'The address of any peace process solely for the President of the Republic responsible for the preservation of public order throughout the nation. Behalf of the Government who participate in the dialogue and peace agreements, they will do so in accordance with the instructions he issued to them.
The President of the Republic may authorize the participation of representatives of various sectors of civil society in discussions and dialogues referred to in this Chapter, when in his judgment to collaborate in the development of the peace process'.
ARTICLE 7. Article 17 of Law 104 of 1993, will read:
'The provisions of this Chapter apply to the popular militias whom the national government recognizes political'.
Article 8. Law 104 of 1993 will have an item number 17-A as follows:
representatives authorized by the Government may perform any act aimed to establish contacts with the paramilitaries calls and conclude agreements with them in order to achieve their compliance with the law and their reintegration into civilian life. "
Article 9. Law 104 of 1993 will have an item number 17-B as follows:
People involved in the talks and the conclusion of agreements in this Chapter authorized the National Government refers to not incur criminal liability because of his involvement in them. "
ARTICLE 10. Article 18 of Law 104 of 1993, will read:
" for the purposes of this Act it means those victims people who suffer damages because of the terrorist bombings or explosives, guerrilla attacks and battles affecting indiscriminately to the population and massacres carried out in discriminately for ideological or political reasons against a group of civilians under the internal armed conflict.
"PARAGRAPH 1.. In cases of doubt, the Board of the Social Solidarity Network of the Presidency of the Republic will determine whether the measures referred to in this Title or not applicable.
" PARAGRAPH 2. . For all purposes of this Act, every time you mention the 'Fund for Solidarity and Social Emergency' and / or Decree 2133 of 1992 shall read 'Social Solidarity Network', in accordance with laid down in Decree 2099
1994. "PARAGRAPH 3.. Entiéndanse extended all the benefits of this Title to the events on the occasion of guerrilla fighting and attacks as indiscriminate affecting civilians and massacres carried out in discriminately for ideological or political reasons against a group of civilians in the context of internal armed conflict. "
ARTICLE 11. Law 104 of 1993 will have an item number 36-A as follows:
"In implementing the principle of solidarity, the Fund for Financing the Agricultural Sector, Finagro, will rediscounting operations carried out by entities belonging to the National System of Agricultural victims of violent acts that Article 18 is to finance working capital loans and investment credit.
'These operations will make the Fund for Financing of Agriculture, Finagro Sector, in a total initial amount of two billion pesos (52 billion) for fiscal year 1996. if these resources are insufficient, additional operations may be carried out. "
ARTICLE 12. Law 104 of 1993 will have an item number 36-B as follows:
"In carrying out 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 usually captures the Fund for Financing the Agricultural Sector, Finagro, and the rate at which the rediscount is made credits granted by credit institutions will be covered under the resources of the Social Solidarity Network, according to the terms for the purpose stipulated in the agreement to be signed between the Fund for Financing the Agricultural Sector, Finagro and Social Solidarity network.
'The agreement referred to in this Title, the conditions and amounts that may be the re-discountable loans by the Fund for Financing the Agricultural Sector in implementing this Chapter shall exist. for which the principle of solidarity and duty to protect people who are in circumstances of manifest weakness' is taken into account.
ARTICLE 13. Law 104 of 1993 will have an item number 40-A as follows:
"In those cases in which the victims of violent acts referred to in Article 18, they were found in inability to provide sufficient guarantee in accordance with sound practices in the financial market, to account for the appropriations in previous articles, these credits may be guaranteed by the Agricultural guarantee Fund, FAG.
"for purposes of in the preceding paragraph, in developing its institutional object and in exercise of the powers conferred on it by Decree 2099 of 1994, the Social Solidarity Network may conclude a cooperation agreement with the Agricultural guarantee Fund, FAG, whose function is to ensure payment of loans granted in implementation of this Chapter by credit institutions through lines rediscount Fund for Financing the Agricultural Sector, Finagro, victims of violent acts that in article 18, the cases mentioned in the first paragraph of this article.
"The Agricultural Guarantee Fund, FAG. Warranty certificate issued within a period not exceeding three (3) working days from the date on which it made the respective request to FAG and has demonstrated compliance with the relevant requirements.
"PARÁGRAFO. Those who intend to be beneficiaries of the guarantee 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 information destined for credit institutions based on lists Article 24 of this Law refers to.
ARTICLE 14. Law 104 of 1993 will have an item number 40-B as follows:.
"Establishing respective credit may make cash to the Agricultural Guarantee Fund, FAG the certificate of guarantee to be reimbursed the balance in his favor, provided that in addition to meeting other conditions have been agreed, credited to the Social Solidarity Network fruitlessly forward necessary for the recovery of sums due performances, according to what is designated in the contract between the Social Solidarity Network and the Fund in question ".
ARTICLE 15. The second paragraph of Article 45 of Law 104 of 1993, will read:
"Victims who suffered a loss of 50% or more of their working capacity qualified based on the Manual for Unico Disability qualification issued by the National Government shall be entitled to a legal minimum pension in force, in accordance with laid down in the General pension Scheme Act 100 of 1993, provided that lack other pension possibilities and health care ' .
ARTICLE 16. Law 104 of 1993 will have an item with the number 47-a as follows:
"for purposes of dealing with victims of the violence of which Article 18 this Act under the terms of this Title shall be allocated annually a specific item in the General Budget of the Nation.
ARTICLE 17. Law 104 of 1993 will have an article with number 47-B as follows:
"Those who suffer harm because of killings or other attacks or attacks against life, physical integrity, security or personal freedom, committed by ideological political motives or, or are subject to threats relating to the commission of attacks or assaults of this nature will benefit from humanitarian relief, tending to mitigate or prevent the aggravation or extension of the effects thereof.
"the said aid will be granted by the Social Solidarity Network under the amount of the specific item that is assigned to effect annually in the General Budget of the Nation and up to the full amount of the item "
ARTICLE 18. Article 49 of Law 104 of 1993, shall be as follows:.
the show will return to civilian life required by the organization and its members, military demobilization, under the terms of the peace and reconciliation policy of the National Government.
ARTICLE 19. Article 50 of Law 104 of 1993, will read:
"For the assessment of the circumstances of military demobilization and that the applicant belongs to the respective organization, the National Government may be based on information provided by the spokespersons or representatives members, who also criminally liable for the accuracy of the information. the national government also may be based on information received through public servants.
"If it comes to requests from people that clause 2 of Article 53 refers to, the Government will evaluate the request taking into account the link that has or has had the applicant with such groups, referring to the information available to security agencies of the State, the evidence to provide the applicant, the physical delivery of weapons to the competent authority for the effect and other evidence it deems appropriate. "
ARTICLE 20. Article 51 of Law 104 of 1993 will have a second paragraph as follows:
" once developed, the Ministry of the Interior it must send a copy to the Ministry of Justice and law. "
ARTICLE 21. Article 52 of Law 104 of 1993 will read:
'Received the records, the Ministry of Justice and Law send a copy thereof to all courts and departments of the Attorney General the nation.
'These, in turn, shall order the judicial authorities and competent authorities, immediate access to his office for all processes in which accused persons included in the minutes prepared by the Ministry of the Interior appear shipment. This shipment must be made within a period not exceeding three (3) days, plus the distance, on pain of incurring grounds for misconduct.
'The authorities are in possession processes with convicted prisoners against people who appear in the minutes shall send to the Ministry of Justice and Law in the same terms as the previous paragraph.
"PARÁGRAFO. From the effective date of this law, the judicial authorities shall semiannually inform the Ministry of Justice and Law of each of the processes followed against persons duly identified by acts constituting crimes political rebellion, sedition, riot, conspiracy and related to these ".
ARTICLE 22. Article 53 of Law 104 of 1993 will read:
"To set the connectedness that Article 87 of the Code of Criminal Procedure of the material facts of research with the political crime concerns, the following forms of evidence are also taken into account:
"a) the inclusion of the applicant in the records of the Ministry of Interior;
"B) The certifications issued for the purpose by the competent authorities;
" c) The evidence that for all purposes issued spokesmen representatives or members of the guerrilla organization;
"D) Any other form of evidence that the petitioner or his attorney accompanying the application;
" PARÁGRAFO. If connectedness has not been declared in the judgment, the applicant may request that it be established by the Ministry of Justice and Law in accordance with established forms of evidence. "
ARTICLE 23. Article 54 of the law 104 of 1993 will read:
"the benefit of clemency request by the applicant, directly or by proxy, by writing to the Ministry of Justice and law.
"The powers not require personal presentation. His replacement as well as the presentation of any other memorial. Be made according to the common rules of procedure.
" The application shall contain, in addition to the request of the benefit, the manifestation direct express willingness to return to civilian life, which means given under oath. Also contain an indication of the judicial office where the record, if it be known by the person concerned.
"The Ministry of Justice and Law only consider individual requests of persons who appear in the minutes prepared by the Ministry of the Interior."
ARTICLE 24. Article 56 of Law 104 of 1993 will read:
"Those who are deprived of freedom when a pardon be granted, shall be released immediately be firm decision issued by the competent authority" .
ARTICLE 25. Article 57 of Law 104 of 1993 shall read as follows:
"It may also grant, as appropriate according to the state of the respective criminal proceedings, the cessation of proceedings, the resolution of preclusion of the investigation or a resolution to confess, whether or they be reported or processed by acts constituting crimes referred to in this title, and have not yet been convicted by final judgment.
"for these purposes, the application in accordance with the above items will be processed and, after verification of the requirements, the Ministry Justice and law will forward the request to the appropriate Court, or the Directorate of Public Prosecutions before whom forward the process, who must issue, flat, providence decide the respective application, under the terms of Article 178 of the Code of Criminal Procedure observing the principle of speed.
"If the person is deprived of freedom, those authorities must give preferential processing requests for legal benefits, and providence in which the request for preclusion of the investigation or the discontinuance of the proceedings is granted, should be revoked the arrest warrant of the beneficiary, cancel the arrest warrants against him and order officiate to the competent bodies.
"the Criminal Chamber of the respective Tribunal shall decide within three (3) months, counted from the day following the receipt of the record day. This term is non-extendable "
ARTICLE 26. Article 58 of Law 104 of 1993 shall be as follows:.
" The proceedings filed against persons to whom the provisions of this Chapter apply, shall be suspended from the date on which the dossier to the competent judicial authority requested, pending a decision on the application. the terms for the purposes of prescription and provisional referred to paragraphs 4 and 5 of Article 415 of the Code of Criminal Procedure freedom is also suspended.
"No terms will be suspended in relation to the provisional that paragraph 2 of the same article, to be eligible for parole and freedom by serving the sentence to freedom.
" Once the application will break trail proceedings regarding other persons linked. "
ARTICLE 27. Article 59 of Law 104 of 1993 will read:
" people who are granted a pardon or respect of which the discontinuance of the proceedings is decreed, the preclusion of the investigation or restraining order is issued in implementing these provisions, they may not be prosecuted or tried for the same facts that gave rise to its grant, subject to the provisions of the following article.
"The judicial authority in contravention of the provisions of the preceding paragraph continue the process with respect to the same facts, and once close friend any full proof of the benefit granted shall incur grounds for misconduct without prejudice to the criminal liability to any place. "
ARTICLE 28. Article 60 of Law 104 of 1993 will read:
"The pardon, cessation of proceedings, preclusion of the investigation or a resolution will be without effect if the beneficiary commits any crime has been committed within two (2) years after grant. This condition will be announced during the proceedings containing the corresponding decision.
"for the case of pardon, checked the breach, the Government will proceed to revoke the resolution that granted. Copy of it to the judicial officer who knew the process at first or only instance, in order to proceed with its implementation forward.
"In the case of the cessation of proceedings, preclusion of the investigation or a resolution, the judicial officer revoke the ruling and open the process.
" The judicial authority hearing a new trial against people he favored immediately notify the Ministry of Justice and law form.
ARTICLE 29. Law 104 of 1993 will have an item number 60-A as follows:.
"The benefits in this title are devoted not understand the responsibility that favored individuals have regarding || | "in the case where such benefits are granted, civil action may be attempted after before the ordinary civil jurisdiction"
ARTICLE 30. Law 104 of 1993 will have an item number 60-B. follows:
"the rules of this title apply to the Popular Militias political nature with which the national government or firm has signed peace agreements"
ARTICLE 31. Law 104 of 1993. you will have an item number 60-C as follows:
"People who demobilize under the framework of agreements with guerrilla groups or individually will benefit to the extent possible within its legal status, the socio-economic reintegration programs for that purpose established by the National Government." | ||
ARTICLE 32. Article 63 of Law 104 of 1993 will have a second paragraph as follows:
"the program in this article may also protect witnesses, victims and others involved in processes below the Military Criminal jurisdiction and officials acting in the service of this. "
ARTICLE 33. Article 66 of Law 104 of 1993 will have a paragraph as follows:
" PARÁGRAFO. Without detriment to their autonomy to adopt the relevant decision, the Attorney General's Office will pay special attention to requests for protection of persons who formulate it, duly reasoned manner, the Ombudsman or the Presidential Adviser for Human Rights. "
ARTICLE 34. Article 72 of Law 104 of 1993, hereinafter identified as number 71.
ARTICLE 35. Article 73 of Law 104 of 1993, hereinafter identified as
number 72. ARTICLE 36. Article 74 of Law 104 of 1993, hereinafter identified as number 73.
ARTICLE 37. Article 75 of Law 104 of 1993 identify forward as the number 74 and will read:
in the processes that investigate violations of human rights and breaches of international humanitarian law, be given special protection to witnesses, victims and others involved in criminal proceedings and judicial officials, when the safety of themselves so dictate.
"Paragraph. The competent authorities shall accept applications for protection jointly submit the Ombudsman and the Presidential Council for Human Rights".
ARTICLE 38. Article 75 of Law 104 of 1993 will read:
"The Attorney General's Office will create and manage a program of protection of witnesses, victims and others involved in disciplinary proceedings and officials of the Attorney , which will apply, as appropriate, the provisions of this title, including the provisions of paragraph of Article 66, Article 71 and Article 74. paragraph
"in the General Budget of the Nation be assigned a specific item annually to cover the expenses incurred in the operation of the program referred to in this article. "
ARTICLE 39. Law 104 of 1993 will have an item number 75-a of the following tenor:
"in keeping with the provisions of Article 6 of Law 199 of 1995, the Interior Ministry will operate a program to protect people who are at risk to their lives, their integrity, safety or freedom for reasons related to political or ideological violence or the internal armed conflict afflicting the country and belonging to the following categories:
"1. Leaders and activists of political groups and especially opposition groups.
. "2 union leaders and activists, union, peasant social, civic and community organizations, and ethnic groups.
" 3. Leaders and activists of human rights organizations.
. "4 Witnesses cases of human rights violation and infringement of international humanitarian law, regardless of whether they have not started or the respective criminal, disciplinary and administrative proceedings".
ARTICLE 40. Law 104 of 1993 will have an item number 75-B as follows:
"The program mentioned in the previous article will provide its beneficiaries services and means of protection, including changes of address and location, but may not lead to the change of identity. "
ARTICLE 41. Law 104 of 1993 will have an item number 75-C as follows:
"The provisions of this Title, including the provisions of paragraph of Article 66, Article 71, and in the paragraph of Article 74 shall apply as appropriate, the program trying the two previous articles.
"in the General Budget of the Nation will be allocated annually an item intended to cover expenses incurred in the operation of the program . of dealing articles 75 and 75-a "
ARTICLE 42. Article 76 of Law 104 of 1993, will have a paragraph as follows:
"PARÁGRAFO. The audit referred to in this Chapter will also aim to ensure that public resources are used to finance activities of rural or urban militias, called the self-defense groups and criminal organizations."
ARTICLE 43. Article 78 of Law 104 of 1993 will have a paragraph as follows:
"A officials referred to in this article they are due the same prohibitions, and apply the same disqualifications and incompatibilities public servants, arranged in Law 200 of 1991 "
ARTICLE 44. Article 81 of Law 104 of 1993 will have a paragraph as follows:.
"PARÁGRAFO For the purposes specified in this Chapter, the Interior Ministry and the Prosecutor General's Office will hold a administrative agreement to train officials of the Special Audit Unit Public Order to fulfill the functions of judicial police.
"the judicial police functions exercised by the Special Audit Unit Public Order shall in no case be performed by active duty military "
ARTICLE 45. Article 82 of Law 104 of 1993 shall read as follows:.
" the Government may cancel or declare the unilateral liquidation of any contract concluded by a public entity, when the contractor incurred, under the contract and in relation to the groups described in Article 76 and paragraph in any of the following grounds:
"1 Do, tolerate or ignore something calling or giving. unjustifiably threats from these groups:
"2. Receive, deliver, manage, intervene, finance, transfer, store, transport. store or keep money or property derived from or traveling to such groups:
"3 Collaborate or assist such groups
." 4. Build, assign, lease, make available, provide or transfer to any title, goods to be aimed at hiding people or deposit or storage of belongings of such groups or their members.
". 5 Paralyze, suspend or markedly decrease the performance of its contractual obligations to address instructions such groups or their members;
." 6 Breaching the duty to report offenses whose commission has been known under the contract, which are committed by members of such groups.
"PARÁGRAFO. For purposes of the provisions of this Article, the contractor is made the conduct of its agents or employees, of which he has become aware".
ARTICLE 46. Article 90 of Law 104 of 1993 will read:
"The seized goods seized preventively and in accordance with the provisions of this Chapter, the Code of Criminal Procedure and other special rules will be administered by the Attorney General's Office, except those derived from drug trafficking and related activities, which continue to be managed by the National Narcotics.
"in the case of petroleum or petroleum products, predetermination of its quality and amount shall be delivered to the Colombian Petroleum Company, which will market them. The order provided the final delivery of the goods referred to in this subsection, it may be accomplished by restoring them or others of the same gender, quantity and quality, or by paying the value they have in the date the respective decision becomes enforceable "
ARTICLE 47. Article 91 of Law 104 of 1993 shall be as follows:.
" the main real rights on goods or accessories that manages the Attorney General's Office they 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 by the 4th article. Decree 2271 of 1991 and other special rules. "
ARTICLE 48. Article 92 of Law 104 of 1993 will have a third paragraph as follows:
" 3. Of interests arising in the application of Article 31 of Law 190 of 1995 ".
Article 49. Article 108 of Law 104 of 1993 will read:
" The President of the Republic preserve throughout the national territory and restore public order where it has been disturbed "
ARTICLE 50. the law 104 of 1993 will have an article with the number 108-a as follows:.
" Notwithstanding the criminal sanction that may apply, governors and mayors who engage in any of the special offenses provided for in Article 14 of the Law on the 4th. 1991 will each receive sanctions suspension in the tenure up to sixty (60) calendar days or the removal thereof, depending on the severity of the offense.
"Likewise he scored penalties apply to those officers when they develop any of the following behaviors:
" 1. Establish contacts or links, directly or indirectly, with members of subversive groups, rural or urban militia, the AUC calls, or criminal organizations linked to drug trafficking and terrorism, without prior authorization from the national government, or in contravention of the instructions given by him about it.
"2. No timely and effectively meet the orders or instructions for the conservation and restoration of public order be provided by the competent authority.
" 3. Promote, through statements or statements of any kind, lack of orders or instructions issued by the competent authority for law enforcement.
"4. Consent or allow their subordinates unaware orders or instructions given by the competent authority in matters of public policy, or apply the corrective measures that may be required when this happens."