Why Instruments For Compensation For Damages To Victims Of Human Rights Violations Under The Provisions Established By Certain International Human Rights Bodies

Original Language Title: Por la cual se establecen instrumentos para la indemnización de perjuicios a las víctimas de violaciones de Derechos Humanos en virtud de lo dispuesto por determinados órganos internacionales de Derechos Humanos

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Law 288 of 1996
(July 5th)
Official Gazette No. 42,826, of July 9, 1996
Through which instruments are established for compensation for damage to victims of human rights violations under the provisions of certain international human rights bodies.

THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. The National Government shall pay, upon completion of the process of dealing with this law, compensation for damages caused by violations of human rights that have been declared or will declare (sic) in specific decisions of international bodies rights humans are indicated below. Effective Notes

Editor's Notes

Article 2.
. For the purposes of this Act may be held only reconciliations or incidents of liquidated damages in respect of cases of human rights violations in relation to which the following requirements are met:
1. There is a prior, written and express decision of the Human Rights Committee of the International Covenant on Civil and Political Rights or the Inter-American Commission on Human Rights, which is completed on a particular case that the Colombian State has committed a violation human rights and stated that the corresponding damage should be compensated.
2. There prior opinion recommending implementation of the decision of the international human rights body proffered by a committee consisting of:
a) The Minister of the Interior;
B) The Minister of Foreign Affairs;
C) The Minister of Justice and Law;
D) The Minister of National Defence. PARAGRAPH 1.
. The Committee utter an opinion recommending implementation of the decision of the International Human Rights Body in all cases where the budgets of fact and law set to meet in the Constitution and applicable international treaties. Such rules should take account, inter alia, the collected evidence and the measures relapses in judicial, administrative or disciplinary internal processes and proceeding conducted before the relevant international body. PARAGRAPH 2.
. Where the Committee considers that no (sic) meet budgets referred to in the previous paragraph, it shall so inform the National Government to submit the claim or interpose resources case against the aforementioned decision by the competent international body, if any . In any case, if no second instance under international treaty applicable or has been exhausted the term to challenge the decision, the Committee shall render an opinion recommending implementation of the decision of the international body. PARAGRAPH 3.
. The Committee shall have a period of forty-five (45) days from official notification of the ruling by the international body concerned to issue the corresponding concept.
The period in question shall commence from the date reformation begins to rule this Act, with respect to the pronouncements of international human rights bodies have been handed down before that date.
PARÁGRAFO 4o. It will place the process of dealing with this law even if I will have expired action under domestic law for purposes of obtaining damages for acts that violate human rights, provided that the requirements of this article are met. Effective Notes

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ARTICLE 3. If the Committee issued an opinion recommending implementation of the decision of the international body, the National Government will request the conciliation hearing before the prosecutor assigned to the administrative court that would have jurisdiction, in accordance with domestic law, to settle the dispute in of conciliation, within a period not exceeding thirty (30) days.
Receiving the application, the prosecutor should cite stakeholders in order to attend before him and presented the evidence available to them to demonstrate their legitimate interest and the amount of damages.
The prosecutor shall convey the evidence and the claims made by interested parties cite the national government and the parties to the conciliation hearing.
The Ombudsman shall be referred to the conciliation procedure. Effective Notes

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ARTICLE 4. The public entity which has been linked to the public servant responsible for the respective facts, it shall determine in agreement with those who have demonstrated legitimate interest, and based on the evidence held by the performance, the amount of the compensation for damages.
The reconciliation will focus on the amount of compensation. For the appraisal of the damage criteria applicable national law shall apply.
In any case, compensation may only be recognized by the duly proven damages and have chance nexus with the facts of the decision of the international body. Effective Notes

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The 5th ITEM. Reconciling covered by this Act may also be brought forward in the administrative proceedings initiated to obtain compensation for damages arising from the same facts as the decision of the international human rights body concerns, even if any precluded therein the opportunity for reconciliation. Effective Notes

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ARTICLE 6o. For purposes of compensation for the damages that will be conciliation, be taken as evidence, among others, stated in court proceedings; administrative or disciplinary internal and, in particular, assessed by the international body to issue the decision. Effective Notes

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ARTICLE 7. If agreement is not achieved, the parties sign a written report which shall state that refrenderá the prosecutor. Such minutes shall immediately be sent to the respective Administrative Court for the Judge who would decide whether PAYG appropriate conciliation adversely affects the interests of the State, or can be vitiated by nullity. In either case, the Judge shall issue a ruling motivated so declare. Effective Notes

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Article 8. The order approving the settlement will have the scope of a credit judicially recognized and the effect of res judicata and therefore will end any process that has been initiated against the State for the beneficiaries of the compensation in relation to the facts of the conciliation. Effective Notes

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Article 9. will apply Law 23 of 1991 and other laws and regulations governing the conciliation aspects of how the procedure not covered by this Act. Effective Notes

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ARTICLE 10. If an order to declare a settlement agreement as detrimental to the interests of the State or null and void, may be made for interested parties may:
a) Restate knowledge before Judge the terms of the settlement so that it is possible approval;
B) If no nullity is absolute, Remedial and resubmit for consideration by the magistrate the settlement;
C) Seek the procedure in the following article. Effective Notes

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ARTICLE 11. If not reached an agreement after the conciliation procedure, interested parties may appeal to the competent Administrative Court, the settlement procedure by an incidental damages, as provided for in Articles 135 and following the Code of Civil Procedure. In the process of this incident it may be appealed to arbitration.
The decision on the incident damages regulation will be adopted by the Court in the terms set forth in the Administrative Code and will be susceptible resources law. Effective Notes

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ARTICLE 12. The compensation to be paid or made in accordance with the provisions of this Act will result in the exercise of the action of repetition that is the second paragraph of Article 90 of the Constitution. Effective Notes

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ARTICLE 13. The Minister of Justice shall designate the national government officials who may have access to administrative, disciplinary and judicial proceedings, including hearings before the military criminal jurisdiction, for the purpose of the actions to be stock up before international bodies human rights and, where appropriate, to verify the identity of those who should benefit from the allowances covered by this Act and the amount of damages that should be subject to the same.


ARTICLE 14. The functions assigned to the National Government through this Act must be fulfilled so as to avoid the phenomenon of double or excessive compensation for damages.

ARTICLE 15. The National Government will send a copy of the whole performance to the respective international human rights body for the purposes provided for in international instruments.

Article 16. This Law governs from the date of its enactment.
The President of the Senate, CESAR
Tulena WAR.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT

PUBLISH AND ENFORCE Given in Santa Fe de Bogota, DC, on July 5, 1996.
Ernesto Samper Pizano.
The Interior Minister Horacio Serpa Uribe
.
The Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.
The Minister of Justice and Law, CARLOS EDUARDO MEDELLIN BECERRA




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