LAW 782

(December 23)

Official Journal No. 45,043 of 23 December 2002

By means of which the validity of Law 418 of 1997, extended and amended by Law 548 of 1999, is extended and some of its provisions are modified.

The Congress of Colombia

DECRETA:

ARTICLE 1o. 1 of the 2003 Decree 1000. The new text is as follows: > Proroguese for the term of four (4) years the validity of the items 1o., 2o., 3o., 4o., 5o., 6o., 7o., 13, 14, 20, 22, 23, 24, 25, 26, 27, 28, 30, 31, 34, 35, 37, 42, 43, 44, 45, 47, 49, 54, 55, 58, 59, 60, 61, 62, 63, 64, 66, 67, 68, 69, 72, 74, 75, 76, 77, 78, 79, 80, 83, 91, 92, 93, 94, 95, 98, 102, 103, 105, 106, 107, 108, 109, 110, 112, 113, 114, 115, 117, 118, 119, 121, 123, 124, 125, 126, 127, 128, 129 and 130 of Law 418 of December 26, 1997, extended by Act 548 of 1999.

ARTICLE 2o. The statement of Chapter I, Title I, of Part One of Law 418 of 1997, extended and amended by Law 548 of 1999, shall remain as follows:

Provisions to facilitate dialogue and the signing of agreements with armed groups organized outside the law for demobilization, reconciliation among Colombians, and peaceful coexistence.

ARTICLE 3o. 2 of the 2003 Decree 1000. The new text is as follows: > Item 8or. of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

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 aimed at promoting approaches and bringing forward dialogues with armed groups organized outside the law;

b) Advance dialogues, negotiations, and sign agreements with the spokespersons, or members representing the armed groups organized outside the law, aimed at: obtaining solutions to the armed conflict, achieving the effective application of the law International Humanitarian Law, respect for human rights, the cessation of hostilities or their reduction, the reinstatement of members of these groups to the civilian life, or their submission to the law, and framed in the will to create conditions that are conducive to a fair political, social and economic order.

The agreements and their content will be those that are necessary in the government's view to advance the peace process and their compliance will be verified by the national or international bodies that for the purpose and by common accord will appoint the parts.

These agreements must guarantee the normal and full functioning of the civil institutions in the region where the armed group exercises influence over the law that underwrites them.

PARAGRAFO 1o. In accordance with International Humanitarian Law standards, and for the purposes of this law, it is understood by armed group outside the law, who, under the direction of a responsible command, exercises over part of the territory such control as to enable it to conduct sustained and concerted military operations.

PARAGRAFO 2o. Once a process of dialogue, negotiation or signing of agreements is initiated, and in order to facilitate the development of the agreements, the corresponding judicial authorities will suspend the arrest warrants Representatives of the armed groups organized outside the law have been dictated or dictated against the members of the law with which they are brought forward in dialogues, negotiations or peace agreements.

To this end, the National Government will notify the authorities of the initiation, termination or suspension of dialogues, negotiations or signing of agreements, and will certify the participation of persons acting as spokespersons or members. representatives of these armed groups organized outside the law. The parties shall agree on mechanisms for the joint verification of agreements, dialogues or approaches, and if appropriate, they may refer to institutions or persons of national or international life in order to carry out such verification.

Also, the arrest warrants that are issued against the spokespersons will be suspended, after the beginning of the dialogues, negotiations or subscription of agreements, for the term that they last.

order to promote rapprochement, dialogue or negotiations in pursuit of peace, the President of the Republic, by written order, will determine the location and modalities of action of the public force, under the assumption that they will not be conculpated. the rights and freedoms of the community, nor any inconvenience or social conflict.

The security and integrity of all those involved in the peace processes, dialogues, negotiations and agreements that this law deals with will be guaranteed.

For the purposes of the provisions of this article, the National Government may agree with the spokespersons or members of the armed groups organized outside the law, with whom it will advance dialogues, negotiations, or agreements. temporary location or that of its members, in precise and certain areas of the national or international territory, to be considered appropriate. In the affected areas, the execution of the arrest warrants shall be suspended until the Government so determines, or declares that the process has been completed. The Public Force will guarantee the security of the members of the armed groups organized outside the law, with whom it will advance dialogues, negotiations or peace agreements, which are in the area, in the process of moving towards she, or in eventual return to her place of origin.

In no case will these areas be able to survive if the normal and full functioning of the civil institutions is affected.

PARAGRAFO 3o. It is understood by representative member the person that the armed group organized outside the law designates as his representative to participate in the dialogues, negotiation or subscription of agreements with the National Government or its delegates.

The person of civil society is understood as a spokesperson who, without belonging to the armed group organized outside the law, but with the express consent of the latter, participates in his name in the peace processes, dialogues, negotiations and agreements. She shall not be admitted as a spokesperson, the person against whom she is hearing, prior to the commencement of such a charge.

PARAGRAFO 4o. In order to ensure the participation of members representing the armed groups organized outside the law who are deprived of freedom in the dialogues, negotiations or The national government may issue the necessary measures to facilitate its management, while they comply with their conviction or the respective insurance measure.

ARTICLE 4. Article 10 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 10. 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, shall do so in accordance with the instructions given by them.

The President of the Republic will be able to authorize the participation of representatives from various sectors of civil society in the talks, dialogues and negotiations referred to in this chapter, when in his opinion they can collaborate in the development of the peace process.

ARTICLE 5o. Article 12 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 12. Persons participating in the approaches, dialogues or negotiations, as well as in the conclusion of the agreements referred to in this Chapter with the authorization of the National Government, shall not incur criminal liability for their reasons. intervention on them.

ARTICLE 6o. Article 15 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 15. For the purposes of this law, it is understood by victims of political violence, those of the civilian population who suffer damages in their lives, or serious deterioration in their personal integrity or in their property, for the reason of terrorist tempted, combat, kidnappings, attacks and massacres in the framework of the internal armed conflict. The displaced are victims in the terms of article 1or. of Law 387 of 1997.

Likewise, a victim of political violence is understood as any minor person who takes part in the hostilities.

ARTICLE 7o. Article 16 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 16. In developing the principle of social solidarity, and given the special damage suffered by the victims, they will receive humanitarian assistance, which is understood as the necessary help to meet the essential requirements, in order to satisfy the rights which have been undermined by the acts referred to in Article 15. This humanitarian aid will be provided by the public entities as well: by the Social Solidarity Network, in the development of its legal object and in accordance with the guidelines that the Board of Directors, and the other public entities, will point out for the effect. identified in this law, within the framework of its powers, provided that the application is raised within the year following the occurrence of the event.

PARAGRAFO 1o. In case of force majeure or fortuitous cases that prevent the victim from submitting the application in due time, the term referred to in this provision must be counted from the moment the facts cease reason for such impairment.

PARAGRAFO 2o. The National Government will appropriate the necessary resources in the General Budget of the Nation-Social Solidarity Network-in order to provide humanitarian assistance, in accordance with the objectives set out in the present law.

PARAGRAFO 3o. The humanitarian aid will be delivered directly by the Social Solidarity Network, ensuring free access to the process, so that the beneficiaries receive it in full.

PARAGRAFO 4o. The benefits of economic content that are granted to the displaced will be governed by Law 387 of 1997.

ARTICLE 8o. Article 17 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 17. The Colombian Family Welfare Institute will design and implement a special protection program for the assistance of all the cases of minors who have taken part in the hostilities or have been victims of political violence, in the framework of the internal armed conflict.

The Colombian Family Welfare Institute will provide priority assistance to minors who have been left without family or whose family is not in a position to care for them, because of the acts referred to in this law.

PARAGRAFO. When the Operating Committee for the Dejation of Arms is convened and the child cases are treated, the family advocate must be quoted.

ARTICLE 9o. Article 18 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 18. Whenever any of the events referred to in Article 15 of this Law, the Municipal Mayor's Office, the Municipal Person, or the entity that does its own times, must produce the census of the persons affected in their life, in their personal integrity or property, containing at least the identification of the victim, its location and the description of the event, and sending it to the Social Solidarity Network within a term not greater than 8 working days counted from the occurrence of the same.

Equally, it will issue an individual certification to the beneficiaries of the deceased, which must contain the same census data, an essential requirement for the recognition of humanitarian aid by the Solidarity Network. Social.

If the Social Solidarity Network establishes that one of the certified persons does not have the quality of the victim, it will lose the rights granted to it by this title, in addition to the criminal penalties that correspond, and must reimburse the sums of money and the goods that have been delivered to you. In the case of loans, the financial establishment that has granted it may maintain it, readjusting the conditions to the market rate.

PARAGRAFO. The legal representative of the Social Solidarity Network will draw up the lists of displaced persons in cases where they are impossible for the municipal authorities.

ARTICLE 10. Article 19 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 19. The public or private hospital institutions of the national territory, which provide health services, have an obligation to immediately pay attention to the victims of terrorist attacks, combats and massacres, caused by the internal armed conflict, and which require it, irrespective of the socio-economic capacity of the applicants for these services and without requiring prior condition for their admission.

ARTICLE 11. Article 21 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 21. The recognition and payment of the medical, surgical and hospital care services referred to in the above articles shall be carried out through the Ministry of Health with the resources of the Solidarity and Guarantee Fund of the System. General of Social Security in Health, Fosyga.

PARAGRAFO 1o. For the purposes of running the resources of the Catastrophic Event Sub-account and Transit Accidents of the Solidarity and Guarantee Fund (Fosyga), it will be understood as events or terrorist actions. They are based on the internal armed conflict affecting the civilian population and related to terrorist attacks, fighting, attacks on municipalities and massacres. Unless they are covered by another health insurer.

PARAGRAFO 2o. The National Government and the National Council of Social Security in Health, will be able to review and adjust the coverage ceilings of the benefits in charge of the Fosyga.

ARTICLE 12. Article 29 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 29. The maximum amount of the family housing allowance in this chapter shall be that which is granted at the time of application to the beneficiaries of housing of social interest.

ARTICLE 13. 32 of Law 418 of 1997 > Article 32 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

" ARTICLE 32. The Institute for Industrial Development, IFI, or the financial institution of an official nature to be determined by the National Government, shall review the loans granted by the various credit institutions to the victims of the acts referred to in the Article 15 of this law to finance the replacement or repair of vehicles, machinery, equipment, equipment, furniture and goods, working capital of natural or legal persons, whether or not they have the quality of merchants, and repair or reconstruction of buildings for commercial premises.

" All of these furniture, in beings and buildings, must be affected in the facts described in Article 15.

" In addition, in the development of the principle of solidarity, the Gransave Bank, or the financial institution of an official nature to be determined by the National Government, shall directly grant the victims of the acts referred to in Article 15 of this Regulation. law, loans to finance the reconstruction or repair of buildings affected by the events described in Article 15.

" PARAGRAFO. Notwithstanding the existence of lines of credit for replacement or repair of vehicles, the National Government will maintain the protection of public transport vehicles, urban and inter-municipal, in order to assure them against the acts to which refers to Article 15 of this Law, where the two benefits may not be accessed by the affected person.

ARTICLE 14. Article 33 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 33. In developing its functions, the Social Solidarity Network will contribute to the implementation of the operations referred to in the previous article, as follows: the difference between the rate at which the Institute of Public Works is usually captured. Industrial, IFI, or the financial institution of official nature indicated by the National Government, and the rate at which the rediscount of the credits granted by the credit institutions will be made, will be covered by the resources of the Network of Social solidarity, in accordance with the terms that are stipulated in the agreement to be signed for the purpose between the latter and the Institute of Industrial Development, IFI, or the financial institution of an official nature designated by the National Government. The difference between the rate of acquisition of the Gransave Bank or the official financial institution indicated by the National Government and the rate at which the credit is actually granted will be covered, increased by three (3) points, with to the resources of the Social Solidarity Network, in accordance with the terms stipulated in the agreement which for that purpose is signed between the latter and the respective financial institution.

In the agreements referred to in this article, the conditions and amounts that they may have, both the reaccounting credits by the Institute of Industrial Development, or the financial institution of an official nature indicated by the National Government, such as those granted by the Gransave Bank or the official financial institution that the National Government points out, in the development of this chapter, for which the principle of solidarity and the duty of protect people who are in circumstances of manifest weakness.

PARAGRAFO 1o. In the conventions referred to in this article, the conditions and amounts that may have both the credits, the reaccounting by the Institute of Industrial Development or the financial institution of the official nature indicated by the National Government, such as those granted by the Banco Granorto or the official financial institution which the National Government points out, in the development of this chapter, for which the principle of solidarity and the duty to protect people who are in circumstances of manifest weakness. In no case shall these claims exceed 0.5 of monthly interest.

PARAGRAFO 2o. The Social Solidarity Network will subsidize the lines of credit referred to in this chapter, in accordance with the regulations adopted by its Board of Directors.

ARTICLE 15. Article 36 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 36. Credit institutions shall design appropriate procedures for the examination of applications for credit referred to in this Chapter, as a matter of priority, in the shortest possible time and requiring only documents strictly necessary for the effect.

The Banking Superintendency shall ensure the application of the provisions of this Article, for which credit institutions shall send a monthly report containing the applications submitted, approved and rejected, in such a way as to case explaining the reason for the rejection.

ARTICLE 16. Article 38 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 38. The establishment of credit to which the victim of the violence raises the respective application, after the study of the documentation, must determine the impossibility of the applicant to offer a sufficient guarantee according to the healthy financial market practices and shall proceed with the respective supports to apply for the guarantee certificate to the National Guarantee Fund, FNG, or the official financial institution designated by the National Government.

When the victims of the acts referred to in Article 15 of this law are unable to provide a sufficient guarantee, in order to respond to the appropriations provided for in the previous articles, the appropriations shall be guaranteed by the National Guarantee Fund, FNG, or the official financial institution designated by the National Government.

ARTICLE 17. Article 39 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 39. The credit establishment may make cash before the National Guarantee Fund, FNG, or the financial institution of official nature indicated by the National Government, the corresponding guarantee certificate to be reimbursed for the balance his favor, as long as, in addition to fulfilling the conditions that have been agreed upon, he accredit to the fund that he unsuccessfully advanced the necessary actions for the recovery of the sums owed.

ARTICLE 18. Article 46 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 46. In compliance with its object and in the development of its powers, the Social Solidarity Network shall provide free and without intermediaries to the victims of acts referred to in Article 15, as provided for in Articles 20 and 23 of this law, the funeral expenses for them, to protect the inhabitants against the consequences of acts that are raised in the framework of the armed conflict shall, in accordance with the provisions of this Title, support the lines of credit referred to in this Title; regulations to be adopted by its Board. Similarly, it will be able to co-finance programs that advance non-profit entities, celebrating for the latter effect the contracts referred to in article 355 of the Political Constitution. and the rules that regulate it, all in terms of protection and assistance to the victims.

Victims who suffer a loss of 50% or more of their qualified work capacity based on the Single Manual for the qualification of invalidity, issued by the National Government, will be entitled to a statutory minimum pension, according to the with the provisions of the General Pension Regime of Law 100 of 1993, provided that they lack other pension and health care possibilities, which will be covered by the Pensional Solidarity Fund referred to in Article 25 of the Act 100 of 1993 and recognized by the Insurance Institute Social, or the entity of official nature noted by the National Government.

Payments to be made on the basis of insurance contracts will be made from the Social Solidarity Network's resources.

ARTICLE 19. Article 50 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 50. The National Government may grant, in each case, the benefit of a pardon for nationals who have been convicted by executing a sentence, for acts constituting a political offence when, in their judgment, the armed group organised outside the law with which a peace process, of which the applicant is part, has been established, has demonstrated its willingness to return to civilian life.

It may also be granted to nationals who, individually and by voluntary decision, abandon their activities as members of the armed groups organized outside the law and so request, and have also demonstrated, to National Government criteria, their willingness to return to civilian life.

The provisions of this title will not apply to those who conduct acts of heinous nature of ferocity or barbarism, terrorism, kidnapping, genocide, homicide committed outside the fight, or placing the victim in a state of defensiveness.

PARAGRAFO 1o. The pardon will not be granted for facts in respect of which this benefit has previously been denied, unless the person concerned provides new means of evidence to modify the circumstances were the foundation of the decision.

PARAGRAFO 2o. In the case of minors linked to the armed groups organized outside the law, the judicial authorities will send the documentation to the Operational Committee for the Dejation of Arms, which decide on the issue of the certification referred to in Decree 1385 of 1994, in the terms that this law enshrines.

PARAGRAFO 3o. The National Government, through its various agencies, will create the necessary mechanisms to ensure the life and integrity of people who receive the benefits referred to in this title.

For these purposes, you will order the subscription of life insurance policies and design work and residential relocation plans, which will be applied in the interior of the country and, where necessary, adopt the measures set out in Title I of the second part of this law.

In exceptional form, the National Government, at the request of the armed group organized outside the law that intends to demobilize, or the reinserted, will collaborate, without prejudice to the other guarantees that will result from the negotiation process, for facilitate the obtaining of the right of asylum in countries that can guarantee their security.

ARTICLE 20. Article 51 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 51. The demonstration of the will to return to civilian life requires, on the part of the armed group organized outside the law and its members, the realization of acts that lead to the holding of dialogues and the signing of agreements, in the terms of the peace and reconciliation policy outlined by the National Government.

ARTICLE 21. Article 53 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 53. The quality of the member of an armed group organized outside the law shall be verified by the express recognition of the spokespersons or representatives thereof, by the evidence provided by the applicant, or by the information available to them. state institutions.

PARAGRAFO. When dealing with persons who have voluntarily abandoned an armed group organized outside the law, and are presented to the civil, judicial or military authorities, the competent authority send, on its own initiative, in a term not greater than three (3) days plus the distance, the documentation relevant to the Operating Committee for the Dejation of Arms, created by Decree 1385 of 1994, to resolve whether or not to issue certification to referred to in Article 1. of the aforementioned decree.

The decision taken by the Operational Committee for the Dejation of Arms should be sent, in addition to the National Government, to the competent judicial authority, who will decide on the merits of the benefits it makes. reference to this Title.

ARTICLE 22. Article 56 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 56. In order to establish the connection with the facts of the investigation with the political offence, as referred to in Article 90 of the Code of Criminal Procedure, the following evidence shall also be taken into account:

The inclusion of the applicant in the minutes to be drawn up by the National Government entity.

Certifications issued for the purpose by the competent authorities.

The constancy that the spokespersons or members of the armed group organized outside the law with which a peace process has been brought forward will be issued for all purposes.

Such a record shall contain at least the information that the applicant belonged to that group at the time of the acts for which it is being investigated, or was convicted, and the claim of such facts by the group, with the indication of the political ends that motivated him. Any other evidentiary means that the petitioner or his/her proxy attaches to the application.

ARTICLE 23. Article 57 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 57. The benefit of the pardon shall be requested by the person concerned, either directly or through proxy, by writing to the Ministry of Justice and the Law, which shall also contain the indication of the judicial office in which the file is located, if he is known to the person concerned, or to the judicial authority which is aware of the criminal proceedings, who shall immediately forward the request to the Ministry for the purposes indicated, in such a case that he copies the procedural pieces relevant.

The powers conferred do not require personal presentation. Their replacement, as well as the presentation of any other memorial, will be performed according to the common rules of procedure.

The application will contain, in addition to the request for the benefit, the express and direct manifestation of the will to return to the civil life, which will be lent under the gravity of the oath.

The Ministry of Justice and Law will only study individual requests for persons appearing in the minutes drawn up by the Ministry of the Interior.

ARTICLE 24. Article 60 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 60. It may also be granted, as appropriate, in accordance with the state of the respective criminal proceedings, the cessation of proceedings, the decision to precluding the instruction or the inhibitory decision, to those who confess and have been or were reported or prosecuted for acts constituting the offences referred to in this Title and have not yet been convicted 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. which will be dealt with, who will have to issue the order, the providence that decides the respective application, in the legal terms and observing the principle of speed.

If the person is deprived of his or her liberty, the aforementioned authorities must give preferential treatment to the applications for legal benefits, and in the providence in which the request for the precluding of the instruction or the cessation is granted The order of arrest of the beneficiary must be revoked, the arrest warrants must be cancelled and ordered to be officiated by the competent bodies.

The Criminal Court of the respective Court must resolve within three (3) months following, from the day following the receipt of the file. This term is unextendable.

ARTICLE 25. Article 65 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 65. People who demobilize under the framework of agreements with the armed groups organized outside the law with which the National Government has advanced a peace process, or individually, will be able to benefit, to the extent that the allow their legal status, the socio-economic reintegration programmes that the National Government will establish for the purpose.

PARAGRAFO. The National Government will regulate time limits for accessing socioeconomic reinsertion programs and the time during which their benefits can be enjoyed.

ARTICLE 26. Article 70 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 70. The judicial officer who advances the action, any other public servant, or directly the person concerned, may request the Office of Victim and Witness Protection to bind a person determined to the Program.

The request shall be processed in accordance with the procedure established by that office, by resolution issued by the Attorney General, to whom it is responsible to decide on the merits of the application.

PARAGRAFO. Without removing its autonomy to adopt the corresponding decision, the Attorney General of the Nation will pay special attention to the request for protection of persons who duly formulate motivated by the Ombudsman or the Presidential Adviser for Human Rights, or by whom the Notional Government designates for these purposes.

ARTICLE 27. Article 73 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 73. Changes of identity and domicile shall not imply exoneration of the criminal liability for the offences committed before or after the connection to the Programme. In the agreements concluded by the beneficiary with the Office of the Prosecutor General of the Nation, all necessary measures must be taken to ensure compliance with the civil, labor, commercial, fiscal and administrative obligations contracted by the beneficiary. the beneficiary, prior to the conclusion of the agreement.

The application of this law shall not prejudice any of the rights referred to in Article 29 of the Political Constitution.

The Office of the Prosecutor General will only have the obligations and responsibilities to the persons linked to the program, in the terms in which it, or the agreements signed, will indicate it, and will not answer for promises or offers made by unauthorized persons.

ARTICLE 28. Article 81 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 81. The National Government shall put into operation a programme of protection for persons, who are at imminent risk against their life, integrity, security or freedom, for reasons related to political or ideological violence, or internal armed conflict, and belonging to the following categories:

Leaders or activists from political groups and especially opposition groups.

Leaders or activists from social, civic and communal organizations, unions, trade unions, peasants and ethnic groups.

Leaders or activists of human rights organizations and members of the Medical Mission.

Witnesses of cases of violation of human rights and of violation of international humanitarian law, regardless of the fact that the respective disciplinary, criminal and administrative processes have not been initiated, in accordance with the Current normativity.

PARAGRAFO 1o. Those interested in being hosted by the protection program must demonstrate that there is a direct connection between the threat and the charge, or the activity that the organization exercises within the organization.

PARAGRAFO 2o. The protection program will present the witness to the number 4 of this article when requested by the judicial or disciplinary authorities, or will allow these authorities access to the, for which you will take the security measures required by the case.

PARAGRAFO 3o. The protection measures for this program will be temporary and subject to periodic review.

ARTICLE 29. Article 82 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 82. The programme referred to in the above Article shall provide its beneficiaries with services and means of protection, including change of address and location, but may not give rise to the change of their identity.

PARAGRAFO. The protection measures will be temporary and subject to periodic review.

ARTICLE 30. The statement of Title II of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Control over funding for the activities of organized armed groups outside the law.

ARTICLE 31. Article 90 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 90. The Government may declare the revocation or 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 armed groups organised outside the law, in any of the following causes:

Unjustifiably give in to threats made by such groups.

Receive, supply, manage, intervene, finance, transfer, store, transport, store or preserve money or goods from or to such groups or to assist and assist them.

Build, assign, lease, make available, facilitate or transfer to any title, goods to be intended for the concealment of persons or to the deposit or storage of belongings of such groups.

Paralyze, suspend or significantly decrease the performance of your contractual obligations to take instructions from such groups.

Breach the duty to report punishable facts, the commission of which is imputable to such groups, known at the time of the contract.

PARAGRAFO. For the purposes of this article, the contractor's conduct is the conduct of its agents or dependents, of which it has become aware.

ARTICLE 32. Article 99 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 99. All communications equipment using the electromagnetic spectrum are for personal and non-transferable use, except for radio broadcast and television receivers.

For the transfer of rights of use of the related communication equipment in the previous paragraph requires the express and prior authorization of the licensee or licensee that offers the service, the subscribers of services of the communication that this law will be dealt with the format that for this purpose the Directorate of Judicial Police will have to remain in the archives of the concessionaires and licensees.

The licensees and licensees who provide the communications services referred to in this article will provide the National Police-Judicial Police Directorate-Dijin with the data of subscribers and equipment in magnetic media or in the the form to be determined, in accordance with the rules laid down by that body.

The information provided by the subscriber or authorized person to the licensee or licensee for the purpose of obtaining authorization to operate the equipment referred to in the law shall be deemed to be rendered under oath. to licensees and licensees to exhaust the resources at their disposal in order to ensure the accuracy of the data received.

The National Police, Dijin will be able to conduct inspections on the records and contracts of subscribers and authorized persons, in order to collate this information with that provided by the licensees and licensees.

The Ministry of Communications must refer to the National Police Dijon the information that the licensees and licensees are asking for.

The licensees and licensees who provide the related communications services in this article will provide in a timely manner the information required by law authorities and keep the following updated data.

Contract or resolution of the Ministry of Communications authorizing the use of frequencies.

Network technical feature chart.

Document where the names, identification, address, and phone of the technical area managers are recorded.

Register of subscribers and authorized persons.

ARTICLE 33. Article 101 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 101. Dealers who provide the pager service will implement an identification plate that must remain attached to the communication team where the dealer's social reason and a local or free telephone number are indicated. through which the ownership and legality of the equipment can be verified 24 hours a day.

ARTICLE 34. Article 104 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 104. The use and port of open-band radios is prohibited.

Legal and natural persons who require the use of communications equipment known as sacchars, interceptors, goniometers or open-band receivers should request the National Police, Dijin, the respective authorization to to deal with the DIAN or the Ministry of Communications for the import or use as the case may be.

PARAGRAFO 1o. The DIAN or the Ministry of Communications, as it is imported or used, will require the interested party to have a favorable concept issued for this purpose by the National Police, Dijin.

PARAGRAFO 2o. The provisions of this chapter do not apply to radio communications systems and equipment used by the Office of the Prosecutor General of the Nation, the Public Force, the DAS and the other security agencies of the Status.

ARTICLE 35. Article 111 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 111. The President of the Republic may appoint the replacement of governors and mayors, and the governors of the municipal mayors, when the situation of serious disturbance of public order:

Prevent the registration of any candidate for governorships, mayors, departmental assemblies and municipal councils, or once they have signed up to them.

Force the governor or the mayor to resign, prevent him from being in office, or produce his absolute fault.

Prevent citizens from exercising the right to vote.

The governors and mayors in charge, who must be from the same party, political group or coalition, from which the term is ending and/or the elected will perform their duties until the corresponding elections are held.

The public servants that make up the departmental assemblies and municipal councils, of those departments or municipalities where the eventualities provided for in the first paragraph of this article will be presented, will continue (a) a transitional period even if the period is over, until the new Members are elected and possesed.

The public corporations referred to, which will be made difficult to meet at their official headquarters for reasons of public order alteration, will be able to hold a session where the president of the respective corporation will determine.

In case the mayors cannot, for reasons of public order, exercise their functions in the territory of their municipality, it will be up to the governor of the respective department to determine the municipal headland where they will be able to exercise them, with the security guarantees necessary for the exercise of the office, and up to the time the normality is restored in its municipality.

When, in view of the situation of serious disturbance of the public order, measures of force majeure that prevent the attendance of deputies and councilors to the sessions, the quorum will be established taking into consideration the number of people who are in a position to attend.

The Departmental Security Councils provided for in Decree 2615 of 1991 will coordinate and support the necessary plans and operations, in order to guarantee the presence of the public force to support and accompany the mayors in the exercise of their functions.

The President of the Republic and the Governor, respectively, in accordance with the Constitution and the law, shall take the necessary measures for the restoration of public order in the shortest possible time, in the department or municipality concerned, with the purpose of fixing the date on which the deferred elections are to be held, where applicable.

ARTICLE 36. Article 116 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 116. The provisions of this Title shall apply without prejudice to the powers exercised by the Attorney General of the Nation, pursuant to the provisions of Article 278 1) of the Political Constitution, by Law 734 of 2001 and Decree 262 of 2000, or by the provisions that modify or replace them.

ARTICLE 37. Article 120 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

" Article 120. All natural or legal persons who enter into public works contracts for the construction and maintenance of land or river communication routes, air, sea or river ports with public law entities or to conclude contracts In addition to the value of the existing ones, they must pay in favor of the Nation, Department or Municipality, according to the level to which the contracting public entity belongs a contribution equivalent to five percent (5%) of the total value of the corresponding contract or the respective addition.

Authorize Departmental Governors and Municipal Mayors to enter into interadministrative agreements with the National Government to provide real estate where the headquarters of the police stations should be built without need approval of the respective public corporations.

PARAGRAFO 1o. In cases where public entities subscribe to cooperation agreements with multilateral organizations, which aim to build or maintain these routes, the subcontractors who execute shall be taxable persons of this contribution.

PARAGRAFO 2o. The partners, partners and associates of the consortia and temporary unions, who conclude the contracts referred to in the preceding paragraph, will respond jointly and severally to the payment of the contribution of the five (5%), in proportion to their contributions or their participation.

PARAGRAFO 3o. The celebration or addition of public grant contracts will not cause the contribution set forth in this chapter. "

ARTICLE 38. Article 122 of Law 418 of 1997, extended by Law 548 of 1999, will remain so:

Article 122. Create the National Fund for Citizen Security and Coexistence, which will function as a special account, without legal status, administered by the Ministry of the Interior, as a separate system of account.

The Higher National Security and Defense Council, established by Decree No. 2134 of 1992 and the National Intelligence Technical Council, established in Decree No. 2233 of December 21, 1995, will coordinate the execution of the resources of this Fund.

The National Government, within three (3) months of the validity of this law, will regulate the organization and operation of the Fund, the objectives and functions that correspond to it, the system of appropriations and operations in the field of budget and equity required for its operation.

The resources collected by the nation for the special contribution of five percent (5%) enshrined in this chapter should be invested by the Notional Fund for Citizen Security and Coexistence in the implementation of aimed at promoting citizen security, the preservation of public order.

The resources to be collected by the territorial entities for this same concept must be invested by the Territorial Account Fund, in endowment, war material, reconstruction of barracks and other facilities, purchase of communication equipment, assembly and operation of intelligence networks, rewards to persons who collaborate with the justice and security of the same, personal services, endowment and rations for new agents and soldiers or in the execution of expenses destined to generate a environment that promotes citizen security, preservation of public order.

The administration of the National Fund for Citizen Security and Coexistence will be in charge of the Directorate General of Public Order and Citizen Coexistence of the Ministry of the Interior.

ARTICLE 39. Law 418 of 1997, extended by Law 548 of 1999, will have a new article of the following tenor:

New item. The Nation will annually contract insurance against accidents that will protect the volunteer members of relief agencies that are part of the National System for Disaster Prevention and Care.

This insurance will cover the aforementioned volunteer members of relief agencies during the twenty-four hours of the day.

PARAGRAFO 1o. The resources for the hiring of this insurance will come from the National Fund for Citizen Security and Coexistence and will be administered by the National Calamity Fund.

PARAGRAFO 2o. The National Government will regulate the matter.

ARTICLE 40. Law 418 of 1997, extended by Law 548 of 1999, will have a new article of the following tenor:

New Article. In accordance with this law, it should be understood that the benefits of Decree 1385 of 1994 extend to members of the armed organizations outside the law.

ARTICLE 41. Law 418 of 1997, extended by Law 548 of 1999, will have a new article of the following tenor:

New Article. The public servants of popular choice and their families, whose lives are in imminent danger duly checked by the competent authorities, will be attended by the Ministry of the Interior and Ministry of Foreign Affairs to facilitate the protection mechanisms enshrined in International Humanitarian Law.

The measures of protection, political asylum, residence, among others, will be taken as a priority by the Colombian authorities.

ARTICLE 42. Article 71 of Law 418 of 1997 extended and amended by Law 548 of 1999 will thus remain:

Article 71. The Attorney General may take any of the following determinations at any time:

Order the identity change of the person to submit to the program, as long as, for witnesses, due process is not affected.

Based on the new identity, order the authorities, public or private, to issue documents that replace those already admitted to the program, such as acts of civil registration, citizenship card, passport, book military, judicial certificate and others, without which the ordinary procedures are to be complied with.

Order the State Security Agencies to provide the necessary protection to the admitted program and their family core.

Allocate for the admitted to the program, as permanent or transient domicile, any of the facilities that it considers appropriate for the effect.

Ordering the issuance of academic titles by public or private entities to replace the ones originally granted, and

Arrange the modification of the person's physical traits that might allow for identification.

PARAGRAFO 1o. All of the above determinations will require the express assent of the person to whom they are to take effect.

PARAGRAFO 2o. Documents issued to protect a person admitted to the program will have full probative value.

PARAGRAFO 3o. The person covered by the change in their civil identity can only enforce their new identity.

ARTICLE 43. The heading of Chapter III of Title II, Part II of Law 418 of 1997, extended and amended by Law 548 of 1999, shall remain as follows:

CHAPTER III.

FREEZING AND EXTINGUISHING THE RIGHT TO DOMAIN PROPERTY LINKED TO THE COMMISSION OF THE CRIME OF THEFT OF HYDROCARBONS AND ITS DERIVATIVES.

ARTICLE 44. Article 96 of Law 418 of 1997, extended and amended by Law 548 of 1999 will thus remain:

Article 96. The holding of hydrocarbons or their derivatives, when transported through a pipeline, gas pipeline, naphtaduct or polyducto, or are stored in immediate supply sources or pumping plants, shall be in prison Six (6) to ten (10) years and a fine of 1,000 (1,000) to eight thousand (8,000) legal minimum monthly salaries in force. The penalty will be in prison for two (2) to six (6) years and a fine of one hundred (100) to five hundred (500) minimum monthly legal salaries in force, when the value of the hydrocarbon or its derivatives, object of seizure, does not exceed ten (10) minimum wages Current monthly legal.

The penalty will be increased from one third to half when the conduct is performed by public servant.

The jurisdiction of this offense corresponds to the Specialized Circuit Judges.

ARTICLE 45. Article 97 of Law 418 of 1997, extended and amended by Law 548 of 1999, will remain so:

Article 97. In the providence of opening of the instruction for the crime of theft of hydrocarbons or its derivatives, the Prosecutor shall order the confiscation of the goods used in the commission of the crime, or that their object be constituted. Once the Prosecutor has determined the illicit origin of the hydrocarbons or their derivatives, they will order, in a term no greater than five (5) working days, their delivery to Ecopetrol, as well as the other goods used for the commission of the crime. Ecopetrol shall sell such hydrocarbons or their derivatives under normal market conditions.

Ecopetrol will deliver the other assets used for the commission of the crime to a trust entity, for its administration.

ARTICLE 46. This law is valid for four (4) years from the date of its enactment and repeals any provisions that are contrary to it, in particular articles 11, 40, 41, 48, 52, 84, 85, 86, 87, 88, 89 , and 100 of Act 418, 1997, extended and amended by Law 548 of 1999.

The President of the Honorable Senate of the Republic,

Luis Alfredo Ramos Botero.

The Secretary General of the honorable Senate of the Republic,

Emilio Ramon Otero Dajud.

The President of the honorable House of Representatives,

William Velez Mesa.

The Secretary General of the honorable House of Representatives,

Angelino Lizcano Rivera.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Bogotá, D. C., at 23 December 2002.

ALVARO URIBE VELEZ

The Minister of Justice and the Law in charge of the functions of the Office of the Minister of the Interior,

Fernando Londono Hoyos.