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LAW 1448 OF 2011
(June 10)
Official Journal No. 48.096 of 10 June 2011
CONGRESS OF THE REPUBLIC
For which comprehensive care, assistance and reparation are given to victims of internal armed conflict and other provisions are dictated.
THE CONGRESS OF THE REPUBLIC
DECRETA:
GENERAL PROVISIONS.
VICTIM OBJECT, SCOPE, AND DEFINITION.
ARTICLE 1o. OBJECT. This law aims to establish a set of judicial, administrative, social and economic measures, individual and collective, to the benefit of the victims of the violations referred to in Article 3or this law, within a transitional justice framework, that make it possible to make the enjoyment of their rights to the truth, justice, and reparation effective with a guarantee of non-repetition, so that their the status of victims and dignity through the materialization of their constitutional rights.
ARTICLE 2o. LAW OF THE LAW. This law regulates the humanitarian assistance, care, assistance and reparation of the victims of the article 3or this law, offering tools for these Claim their dignity and assume full citizenship.
The measures of care, assistance and reparation for indigenous peoples and Afro-Colombian communities, will make part of specific rules for each of these ethnic groups, which will be consulted in advance in order to respect their uses and customs, as well as their collective rights, in accordance with the provisions of article 205 of this law.
ARTICLE 3o. VICTIMS. They are considered victims, for the purposes of this law, those individuals who individually or collectively have suffered damage to by events that occurred as of 1 January 1985, as a result of violations of International Humanitarian Law or serious and manifest violations of international human rights standards, occurring on the occasion of internal armed conflict.
Also victims are the spouse, partner or permanent partner, same sex and family partners in first degree of consanguinity, first civilian of the victim, when the victim has been killed or is missing. In the absence of these, they will be in the second degree of ascending consanguinity.
In the same way, people who have suffered harm by intervening to assist the victim in danger or to prevent victimization are considered victims.
The victim status is acquired regardless of whether the author is individualized, apprehended, processed, or convicted of the punishable conduct and the family relationship that may exist between the author and the victim.
PARAGRAFO 1o. When members of the Public Force are victims in the terms of this Article, their economic repair shall be for any concept to which they are entitled according to the special regime that is applicable to them. In the same way, they shall be entitled to the satisfaction and non-repetition measures identified in this law.
PARAGRAFO 2o. Members of armed groups organized outside the law will not be considered victims, except in cases where children or adolescents have been disengaged from the armed group. organized in the margins of the law being minors.
For the purposes of this law, the spouse, partner or permanent companion, or relatives of members of armed groups organized outside the law shall be considered as direct victims for the harm suffered in their rights in the the terms of this Article, but not as indirect victims of the damage suffered by the members of those groups.
PARAGRAFO 3o. For the purposes of the definition contained in this article, they shall not be considered as victims who have suffered damage to their rights as a result of acts of common crime.
PARAGRAFO 4o. People who have been victims by events occurring before 1 January 1985 are entitled to the truth, symbolic repair measures and the non-repetition guarantees provided for in the This law, as part of the social conglomerate and no need for them to be individualized.
PARAGRAFO 5o. The definition of the victim referred to in this Article shall in no case be construed or presumed to be of a political nature to the terrorist and/or illegal armed groups, which have This law, in the framework of International Humanitarian Law and Human Rights, in particular as established by the third article (3o) common to the Geneva Conventions, is caused by the damage to which this law refers as a victimizing fact. of 1949. The exercise of the powers and functions that correspond to it under the Constitution, the law and the regulations to the Armed Forces to combat other criminal actors, will not be affected at all by the provisions contained in the present law.
GENERAL PRINCIPLES.
ARTICLE 4. DIGNITY. The axiological foundation of rights to truth, justice and reparation is respect for the integrity and honor of the victims. The victims will be treated with consideration and respect, will participate in the decisions that affect them, for which they will have information, advice and support necessary and will obtain the effective protection of their rights under the mandate constitutional, positive duty and principle of dignity.
The State undertakes to advance priority actions aimed at strengthening the autonomy of the victims so that the measures of care, assistance and reparation provided for in this law will contribute to the recovery of the victims. citizens in full exercise of their rights and duties.
ARTICLE 5o. PRINCIPLE OF GOOD FAITH. The State shall presume the good faith of the victims of this law. The victim may prove the damage suffered, by any means legally accepted. Consequently, it is sufficient for the victim to prove in summary the damage suffered to the administrative authority, in order for the latter to relieve the burden of proof.
In the processes in which administrative redress measures are resolved, the authorities will have to go to test rules that will make it easier for victims to show the damage suffered and will always apply the principle of good faith in favour of these.
In the court proceedings for land restitution, the burden of proof shall be governed by the provisions of Article 78 of this Law.
ARTICLE 6o. EQUALITY. The measures provided for in this Law shall be recognized without distinction of gender, respecting freedom or sexual orientation, race, social status, profession, national or family origin, language, religious creed, political or philosophical opinion.
ARTICLE 7o. GUARANTEE OF DUE PROCESS. The State through the competent bodies must ensure a fair and effective process, framed under the conditions set out in Article 29 of the Political Constitution.
ARTICLE 8o. TRANSITIONAL JUSTICE. Understand for transitional justice the different judicial or extrajudicial processes and mechanisms associated with the attempts of the society to ensure that those responsible for the violations referred to in the article 3or this Law, be held accountable for their actions, the rights to justice, truth and integral reparation to the victims are fulfilled, the necessary institutional reforms are carried out for the non- repetition of the facts and the disarticulation of the illegal armed structures, with the end to achieve national reconciliation and lasting and sustainable peace.
ARTICLE 9o. CHARACTER OF THE TRANSITIONAL MEASURES. The State recognizes that any individual who is considered a victim in the terms of this law, has the right to the truth, justice, reparation and to the violations of the article 3or this law, do not recur, regardless of who is responsible for the offenses.
The measures of care, assistance and reparation adopted by the State will have the purpose of contributing to the victims ' suffering and, as far as possible, the restoration of the rights that have been violated. These measures shall be construed as transitional tools for responding to and overcoming the violations referred to in Article 3or this Law.
Therefore, the measures of care, assistance and reparation contained in this law, as well as all those that have been or will be implemented by the State with the objective of recognizing the rights of the victims to the truth, justice and reparation, they do not imply recognition nor can be presumed or interpreted as recognition of the responsibility of the State, derived from the legal damage imputable to it in the terms of the article 90 of the National Constitution, as no other type of responsibility for the State or its agents.
The fact that the State recognizes the quality of the victim in the terms of this law cannot be taken into account by any judicial or disciplinary authority as proof of the responsibility of the State or its agents. Such recognition shall not revive the terms of the expiry of the direct repair action.
In the context of transitional justice, the competent judicial and administrative authorities will have to adjust their actions to the primary objective of achieving lasting and stable reconciliation and peace. For these purposes, account must be taken of the fiscal sustainability, the magnitude of the consequences of the violations of the article 3or of this Law, and the nature of the violations.
In the events in which the victims come to the administrative litigation jurisdiction in the exercise of the direct repair action, at the time of assessing the amount of the reparation, the judicial authority will have to assess and take into account the amount of the reparation which the State has taken in favour of the victims, in the interests of the transitional nature of the measures to be implemented under this law.
ARTICLE 10. CONVICTIONS IN SUBSIDIARITY. Court convictions ordering the State to repair financially and in a subsidiary manner to a victim due to insolvency, impossibility of payment or lack of resources or property of the convicted victim or group Organized armed outside the law to which it belonged, they do not imply recognition nor can they be presumed or interpreted as recognition of the responsibility of the State or its agents.
In the criminal proceedings in which the victim is convicted, if the State has to compete in the subsidiary to compensate the victim, the payment to be recognized will be limited to the amount established in the corresponding regulation for the victim. individual compensation by administrative means in accordance with this law in Article 132, without prejudice to the obligation on the head of the victim to recognise the full compensation or compensation decreed within the judicial process.
ARTICLE 11. EXTERNAL COHERENCE. The provisions of this law seek to complement and harmonize the various efforts of the State to guarantee the rights to the truth, justice and reparation of the victims, and to pave the way for peace and reconciliation. national.
ARTICLE 12. INTERNAL COHERENCE. The provisions of this law seek to supplement and harmonize the measures of restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, with a view to paving the way for peace and reconciliation. national.
ARTICLE 13. DIFFERENTIAL APPROACH. The principle of differential approach recognizes that there are populations with particular characteristics because of their age, gender, sexual orientation, and disability situation. For this reason, the measures of humanitarian aid, care, assistance and comprehensive reparation provided for in this law will have such an approach.
The State shall offer special guarantees and protective measures to groups at greater risk of the violations referred to in Article 3or of this Law such as women, youth, children, and children. older adults, disabled people, farmers, social leaders, members of trade union organizations, human rights defenders and victims of forced displacement.
To the effect, in the implementation and adoption by the National Government of policies of assistance and reparation in the development of this law, differential criteria must be adopted that respond to the particularities and vulnerability of each of these population groups.
Likewise, the State will make efforts to ensure that the measures of care, assistance and reparation contained in this law contribute to the elimination of the discrimination and marginalization schemes that could be the cause of the Victimising facts.
ARTICLE 14. JOINT PARTICIPATION. The overcoming of the manifest vulnerability of the victims implies the realization of a series of actions that includes:
The State's duty to implement measures of care, assistance and reparation to victims.
The duty of solidarity and respect for civil society and the private sector with the victims, and support for the authorities in the repair processes; and
The active participation of the victims.
ARTICLE 15. MUTUAL RESPECT. The actions of the officials and the requests raised by the victims in the framework of the procedures resulting from this law will always be governed by mutual respect and cordiality.
The State should remove administrative obstacles that prevent the real and effective access of victims to care, assistance and reparation measures.
ARTICLE 16. OBLIGATION TO PUNISH THOSE RESPONSIBLE. The provisions described in this law do not exempt the State from its responsibility to investigate and punish those responsible for the violations referred to in Article
ARTICLE 17. PROGRESSIVENESS. The principle of progressiveness implies the commitment to initiate processes that lead to the effective enjoyment of human rights, an obligation that adds to the recognition of minimum or essential content of satisfaction of these rights that the state must guarantee to all people, and gradually increase them.
ARTICLE 18. GRADUALITY. The principle of graduality implies the State responsibility to design operational tools of a defined scope in time, space and budgetary resources that allow the gradual implementation of the programs, plans and projects for care, assistance and repair, without disknowledge of the obligation to implement them throughout the country within a given period, respecting the constitutional principle of equality.
ARTICLE 19. SUSTAINABILITY. For the purpose of complying with the humanitarian aid, care, assistance and repair measures provided for in this framework, the National Government within six (6) months of the issuance of this Law will create a National Financing Plan through a CONPES document that proposes the sustainability of the law, and will take the necessary measures to ensure that the effective pursuit of the property of the victims is preferred in order to strengthen the Reparations Fund that the article deals with href="ley_0975_2005_pr001.html#54"> 54 of Act 975, 2005.
The development of the measures referred to in this law must be done in such a way as to ensure fiscal sustainability in order to give them, together, continuity progressiveness,order to ensure their viability and effectiveness. compliance.
ARTICLE 20. PRINCIPLE OF THE PROHIBITION OF DOUBLE REPARATION AND COMPENSATION. The compensation received by way of administration shall be deducted from the repair which is defined by the court. No one will be able to receive double repair for the same concept.
ARTICLE 21. COMPLEMENTARITY PRINCIPLE. All measures of care, assistance and reparation should be established in a harmonious manner and should be designed to protect the rights of victims.
Both individual repairs, whether administrative or judicial, such as collective repairs or collective repairs, must be complementary in order to achieve integrality.
ARTICLE 22. ACTION OF REPETITION AND SUBROGATION. The State shall exercise the actions of repetition and those in which it is subrogated in accordance with the law, against the directly responsible for the crime as determined in the judicial process corresponding.
ARTICLE 23. RIGHT TO THE TRUTH. The victims, their families and society in general, have the imprescriptible and inalienable right to know the truth about the motives and circumstances in which the violations of the article were committed. 3or this Law, and in case of death or disappearance, about the fate of the victim, and the clarification of his whereabouts. The Office of the Prosecutor General of the Nation and the judicial police agencies must guarantee the right to search for the victims as long as they are not found alive or dead.
The State must guarantee the right and access to information on the part of the victim, its representatives and lawyers in order to enable the materialization of their rights, within the framework of the rules that establish legal reserve and regulate the handling of confidential information.
ARTICLE 24. RIGHT TO JUSTICE. It is the duty of the State to advance an effective investigation that leads to the clarification of the violations referred to in Article 3or of this Law, the identification of the responsible, and their respective sanction.
The victims will have access to the care, assistance and reparation measures provided for in this law or in other legal instruments on the subject, without prejudice to their exercise of the right of access to justice.
ARTICLE 25. RIGHT TO INTEGRAL REPARATION. Victims have the right to be adequately repaired, differentiated, transformative and effective for the harm they have suffered as a result of the violations of the article 3or this Act.
The reparation includes the measures of restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, in their individual, collective, material, moral and symbolic dimensions. Each of these measures will be implemented in favor of the victim depending on the violation of his rights and the characteristics of the victimizing fact.
PARAGRAFO 1o. Additional assistance measures enshrined in this law are designed to provide for the integral repair of victims and are considered complementary to repair measures by increasing their impact on the Beneficiary population. Therefore, the repairer effect of the assistance measures provided for in this law is recognized, in so far as it enshrines additional actions to those developed in the framework of the social policy of the National Government for the population. vulnerable, they include criteria for prioritization, as well as characteristics and particular elements that respond to the specific needs of the victims.
However, this remedial effect of the assistance measures does not replace or replace the repair measures. Therefore, the cost or expenses incurred by the State in the provision of the assistance services, in no case shall be discounted from the administrative or judicial compensation to which the victims are entitled.
PARAGRAFO 2o. The humanitarian aid defined in the terms of this law is not reparation and consequently shall not be deducted from the administrative or judicial compensation to which the victims.
ARTICLE 26. HARMONIC COLLABORATION. State entities shall work harmoniously and in a manner that is articulated for the fulfilment of the purposes provided for in this Law, without prejudice to their autonomy.
ARTICLE 27. the provisions of this law, the provisions of international treaties and conventions ratified by Colombia on International Humanitarian Law and Human Rights that prohibit its limitation will prevail. the states of exception, for being part of the constitutionality block. In cases of administrative redress, the interpreter of the rules enshrined in this law is in the duty to choose and apply the regulation or interpretation that favors the dignity and freedom of human beings, as well as the as to the validity of the Human Rights of the victims.
ARTICLE 28. VICTIMS ' RIGHTS. The victims of the violations referred to in Article 3or of this Law, shall have among others the following rights under the current regulations:
1. Right to truth, justice and reparation.
2. The right to attend institutional and community dialogue scenarios.
3. The right to be a beneficiary of affirmative actions brought forward by the State to protect and guarantee the right to life in conditions of dignity.
4. Right to request and receive humanitarian assistance.
5. The right to participate in the formulation, implementation and monitoring of the public policy of prevention, comprehensive care and repair.
6. The right to have a differential approach to the public policy of this law.
7. The right to family reunification when, by reason of its type of victimization, the family nucleus has been divided.
8. The right to return to their place of origin or to relocate in conditions of voluntarism, security and dignity, within the framework of national security policy.
9. Right to the restitution of the land if it has been stripped of it, in the terms laid down in this Law.
10. Right to information on routes and means of access to the measures provided for in this Law.
11. The right to know the state of judicial and administrative processes that are being brought forward, in which they have an interest as part or interveners.
12. Women's right to live free of violence.
ARTICLE 29. DEVELOPMENT OF THE PRINCIPLE OF JOINT PARTICIPATION. Under the principle of joint participation set out in this law, victims must:
Provide truthful and complete information to the authorities in charge of making the registration and monitoring of their situation or that of their home, at least once a year, unless there are justified reasons to prevent the provision of this information. The authorities will guarantee the confidentiality of the information provided by the victims and will be able to be known by the different entities that make up the National System of Attention and Repair of Victims for the which will subscribe to a confidentiality agreement regarding the use and management of the information.
Make use of the care and repair mechanisms according to the objectives for which they were awarded.
ARTICLE 30. ADVERTISEMENT PRINCIPLE. The State through the different entities to which responsibilities are assigned in relation to the measures contemplated in this law, will have to promote effective advertising mechanisms, which will be directed to the victims. Through these, they must provide information and direct victims about the rights, measures and resources they have, as well as the means and judicial and administrative routes through which they will be able to access the exercise of their rights.
ARTICLE 31. SPECIAL PROTECTION MEASURES. The competent authorities shall take comprehensive protective measures against victims, witnesses and civil servants involved in the administrative and judicial procedures for repair and in the special land restitution, through which victims claim their rights, where necessary according to the level of risk assessed for each particular case, and to the extent that there is a threat to their fundamental rights to the life, physical integrity, freedom and personal security, attending to the existing case-law and regulations on the subject.
These measures may be extended to the family nucleus, provided that this is necessary according to the level of risk assessed for each particular case, there is a threat to the fundamental rights to life, physical integrity, freedom and personal safety of the family core and is shown to be related to the victim. The technical risk level study shall be reserved and confidential.
Where the judicial, administrative or public authorities are aware of the risk situations referred to in this Article, they shall immediately forward such information to the competent authority designated in accordance with the provisions of this Article. protection programmes to initiate the urgent procedure leading to the protection of the victim, in accordance with the risk assessment referred to in this Article.
PARAGRAFO 1o. The protection programs referred to in this Law shall be developed in the framework of the existing programs in the field, at the time of issue of this Law, and shall ensure their consistency with national security and defence policies.
PARAGRAFO 2o. Taking into account that the judicial and administrative redress processes may pose a special risk to victims and public officials involved in these actions, they must be establish sufficient prevention measures to mitigate these risks, for which the information of the Early Warning System of the Ombudsman's Office will be taken into account. In particular, in those municipalities where restitution processes are being carried out, the municipal governments must formulate public security strategies jointly with the Ministry of Interior and Justice, the Ministry of Defense, and the Ministry of Justice. Ministry of Agriculture and Rural Development, in order to prevent affections to the rights of victims, their representatives, as well as officials.
This is without prejudice to the protection measures provided for in this law according to the risk analysis.
PARAGRAFO 3o. The definition of protection measures for women victims should take into account the modalities of aggression, the characteristics of the risks they face, the difficulties to protect themselves from their And the vulnerability to them.
ARTICLE 32. CRITERIA AND ELEMENTS FOR THE REVIEW AND IMPLEMENTATION OF COMPREHENSIVE PROTECTION PROGRAMS. The protection programs should include in their review and implementation a comprehensive character that includes the following criteria:
1. Protection programmes should provide for measures commensurate with the level of risk of the victim before, during and after their participation in judicial or administrative proceedings as referred to in the regulations relating to such programmes.
2. The criteria for risk assessment established by the case law of the Constitutional Court, as well as the decision of the protection measure, must be known in advance by the victim or witness.
3. The risk and the factors that generate it must be identified and valued according to the case law that the Constitutional Court has set in this regard. The risk should be assessed periodically and the measures updated according to the assessment, in accordance with the current regulations.
4. Protective measures shall be appropriate, specific, appropriate and efficient for the protection of the victim or witness. Once the protection measure has been decided by the competent body, the victim or witness may suggest alternative or complementary measures to the decision if it considers that the measure is not appropriate for the particular circumstances of the case. The competent body shall determine its suitability, feasibility and applicability. This will be done in the framework of the existing institutional offer of protection.
5. Protection programmes shall provide for non-discrimination to victims and witnesses whose life, security and freedom are at risk at the time of their participation in judicial or administrative proceedings as referred to in law related to those programmes. Therefore, the programmes shall establish measures without prejudice to the type of crime under investigation or to the alleged responsible for the fact, the date of the occurrence of the offence or the judicial or administrative procedure for the claim of rights, provided that there is a clear causal link between the threats and the participation of the victim or witness in any judicial or administrative proceedings or their impediment to participate in it.
6. Protection programmes, criteria for risk development and decisions on measures should address and take into account differential criteria by gender, capacity, culture and life cycle, in accordance with the case-law. of the Constitutional Court.
7. The protection programmes should be in permanent coordination with the victim care programmes in order to deal with the trauma caused by the victimisation and the risk situation generated.
8. Interviews with victims within the framework of the protection programme should be carried out on safe and confidential sites, in particular when involving women, girls, boys and adolescents.
9. Permanent information must be given to the judicial and administrative authorities that advance the investigation processes that caused or aggravated the risk, with the aim that in the course of the same one takes into account the situation of the victim and witness. In particular, account shall be taken of the reasons which may impede or hinder the participation of the victim or witness in the proceedings and shall take corrective action to ensure that their participation is not hindered.
PARAGRAFO 1o. In addition to the criteria outlined in this article, for the review, design and implementation of comprehensive protection programs, the following elements must be taken into account:
The Ministry of National Defense and the Public Force, in coordination with the Ministry of Interior and Justice, the Ministry of Agriculture and Rural Development through the Special Administrative Unit for the Management of Despojadas, will take the measures necessary to ensure security in the refund processes before, during and after they are carried out.
Community organizations and victims with a presence in the areas where restitution and collective reparation processes will be carried out, will be able to deliver inputs to the competent bodies for risk assessment and analysis.
The competent authorities will launch a sustained campaign of communication in prevention, guarantee and defense of the rights of victims that promotes social solidarity at the local and national levels.
PARAGRAFO 2o. The review and adequacy of the criteria set out in this article of the existing protection programs shall be carried out within a period not exceeding six (6) months from the date of validity of the the present law.
ARTICLE 33. PARTICIPATION OF CIVIL SOCIETY AND PRIVATE ENTERPRISE. This law recognizes that the transitional efforts that lead to the realization of the rights of victims, especially reparation, involve the State, the society civil and private sector. To this end, the National Government will design and implement programs, plans, projects and policies that aim to involve civil society and private enterprise in the achievement of national reconciliation and the realization of the rights of victims.
ARTICLE 34. STATE COMMITMENTS. The Colombian State reiterates its real and effective commitment to respect and enforce the constitutional principles, treaties and conventions and instruments that form part of the constitutionality block, preventing the an act of his or her agents, regardless of their ideological or electoral origin, is caused by any violation of any of the inhabitants of their territory, in particular in the circumstances that inspired this law.
VICTIMS ' RIGHTS WITHIN COURT PROCEEDINGS.
ARTICLE 35. ADVICE AND SUPPORT INFORMATION. The victim and/or his/her representative must be informed of all legal, care, therapeutic or other relevant aspects related to their case, from the start of the action. For such purposes, the authorities involved in the initial proceedings, the officials of the judicial police, the family members and the family members in the case of the children, the prosecutors, the judges or the members The Public Ministry must provide the following information:
1. The entities or organisations you can target for advice and support.
2. The services and guarantees to which you are entitled or which you can find in the various entities and organisations.
3. The place, form, authorities and requirements necessary to file a complaint.
4. The actions that follow the complaint and the rights and mechanisms that as a victim can be used in each one of them. The authorities must inform women about the right not to be confronted with the aggressor or their aggressors.
5. The authorities to which they may apply for protection and the minimum requirements and conditions to be accredited for access to the programmes concerned.
6. Entities and/or authorities that may provide you with guidance, legal advice or free judicial representation services.
7. The competent institutions and the rights of the relatives of the victims in the search, exhumation and identification in cases of enforced disappearance and prevention measures for the recovery of the victims.
8. The procedures and requirements to make effective the rights that assist you as a victim.
PARAGRAFO 1o. In the face of crimes against freedom, integrity and sexual formation, as well as crimes against freedom and personal integrity such as enforced disappearance and kidnapping, the authorities involved In the initial proceedings, they will be required to provide enhanced information guarantees, by means of personnel specialised in psychosocial care, on the institutions to which they should be directed to obtain specialised medical and psychological assistance. as in the face of their rights and the legal route to be followed.
PARAGRAFO 2o. In each of the public entities in which care is provided and/or assistance to victims, trained personnel will be available for victims of sexual violence and gender, who will advise and assist the victims. victims.
ARTICLE 36. GUARANTEE OF COMMUNICATION TO VICTIMS. In order to make their rights effective in criminal proceedings or in the context of the justice and peace processes, victims must be informed of the beginning, development and termination of the process. instances in which they may participate, of the judicial remedies available to them and of the possibility of presenting evidence, among other guarantees provided for in the legal provisions in force. In particular, the competent Prosecutor, Judge or Magistrate shall inform the victim of the following:
1. The course or procedure given to your complaint.
2. The beginning of the formal investigation and the possibility of being part of the action.
3. From the capture of the alleged or alleged perpetrators.
4. Of the decision taken on the preventive detention or provisional release of the alleged perpetrators.
5. Of the merit with which the summary or the arraignment hearing was qualified.
6. From the start of the trial.
7. The conclusion of the preparatory and judging public hearings and the possibility of participating in them.
8. Of the judgment given by the Judge or Magistrate.
9. Of the resources which may be brought against the judgment.
10. From the exhumation of remains or corpses that may correspond to a missing family member, identification of possible places of burial and the procedure in which the victims have to participate to achieve the identification of the remains.
11. Of the measures in force for the protection of victims and witnesses and the mechanisms for accessing them.
12. Decisions on precautionary measures to be taken on goods intended for repair.
13. Of the other judicial proceedings affecting the rights of the victims.
PARAGRAFO 1o. Communications shall be made in writing, by electronic means or by any means suitable for the victim, and the official shall record or register them in his office.
PARAGRAFO 2o. The communication on the conduct of the judicial proceedings in which the victim may participate must be carried out within a reasonable time, and in accordance with the respective process.
ARTICLE 37. HEARING AND PRESENTATION OF EVIDENCE. The victim shall be entitled, whenever he so requests, to be heard within the criminal proceedings, to request evidence and to provide the evidence that he has in his possession.
The competent authority may question the victim to the extent strictly necessary for the clarification of the facts under investigation, with full respect for his rights, in particular his dignity and moral and Use an appropriate language and attitude that prevent its revictimization.
ARTICLE 38. PRINCIPLES OF PROOF IN CASES OF SEXUAL VIOLENCE. In cases where crimes involving sexual violence against victims are investigated, the Judge or Magistrate shall apply the following rules:
1. Consent shall not be inferred from any word or conduct of the victim when the force, threat of force, coercion or use of a coercive environment has diminished its ability to give voluntary consent and free;
2. Consent shall not be inferred from any word or conduct of the victim when the victim is unable to give voluntary and free consent;
3. Consent shall not be inferred from the silence or lack of resistance of the victim to the alleged sexual violence;
4. The credibility, honorability or sexual availability of the victim or a witness shall not be inferred from the sexual nature of the previous or subsequent behaviour of the victim or a witness;
5. The Judge or Magistrate shall not accept evidence of the previous or subsequent sexual behaviour of the victim or of a witness.
PARAGRAFO. The Office of the Prosecutor General of the Nation, with the contributions of the Ombudsman's Office, the Attorney General's Office, international organizations and organizations working on the matter, will create a protocol for the investigation of crimes against freedom, integrity and sexual formation, in which legal and psychosocial measures and aspects such as the strengthening of the capacities of the officials for the investigation, the treatment, care and assistance to victims during all stages of the procedure; and specific actions for the attention of victims of women, children, girls and adolescents.
ARTICLE 39. DECLARATION BEHIND CLOSED DOORS. When for security reasons, or because the entity of the offence makes the description of the facts difficult in public hearing or when the presence of the accused generates alterations in the state of mind of the victims, the Judge or Magistrate of the cause shall, of its own motion or at the request of a party, decree that the declaration be held in a closed enclosure, in the presence only of the prosecutor, the defense, the Public Ministry and the Judge or Magistrate. In this case, the victim must be informed that his statement will be recorded by audio or video.
ARTICLE 40. TESTIMONY BY AUDIO OR VIDEO. The Judge or Magistrate may allow a witness to testify orally or through audio or video, with the condition that this procedure allows the witness to be questioned by the Prosecutor, Defense and the official of knowledge, at the time of his testimony.
The competent authority shall ensure that the place chosen to render the testimony by audio or video ensures the accuracy, privacy, security, physical and psychological well-being, dignity and privacy of the witness. The authority shall have the obligation to ensure the security and means necessary to provide evidence in the case of a child, child or adolescent.
PARAGRAFO. For the case of child, child and child victims, the Judge or Magistrate will have an obligation to protect them and to ensure all necessary means to facilitate their participation in the proceedings. legal.
ARTICLE 41. SPECIAL FORM OF TESTIMONY. The Judge or Magistrate may decree, on its own initiative or at the request of the Prosecutor, the Defense, the Public Ministry or the victim, special measures aimed at facilitating the testimony of the victim, a child, or girl, teen, older adult or a victim of sexual violence. The competent official shall take into account the integrity of the persons and taking into account that the violation of the privacy of a witness or a victim may pose a risk to their safety, will diligently control the form of to question him in order to avoid any kind of harassment or intimidation and to pay particular attention to the case of victims of sexual violence.
ARTICLE 42. PRESENCE OF SPECIALIZED PERSONNEL. When the Judge or Magistrate considers it appropriate, on its own initiative or at the request of a party, it may decree that the testimony of the victim is received with the support of expert personnel in traumatic situations, such as psychologists, social workers, psychiatrists or therapists, among others. The victim will also have the right to choose the sex of the person to whom he wishes to make a statement. This rule shall apply in particular in cases where the victim is a woman or an adult, or has been the subject of sexual violence, torture or other cruel, inhuman or degrading treatment and shall be compulsory in cases where the victim is a child, girl or teenager.
PARAGRAFO. When the victims do not express themselves in Spanish, the presence of translators or interpreters will be available to obtain their declaration, submit applications and advance the actions in which they have to intervene.
ARTICLE 43. JUDICIAL ASSISTANCE. The Office of the Ombudsman shall provide the services of guidance, advice and judicial representation to the victims referred to in this law. To this end, the Ombudsman shall make any adjustments or modifications necessary to adjust his institutional capacity in the performance of this mandate.
PARAGRAFO 1o. The Ombudsman, in the term of six (6) months, will reorganize the organic structure of the Ombudsman's Office in order to ensure that the functions assigned to this law are complied with.
PARAGRAFO 2o. The Ombudsman's Office will provide judicial representation services to victims who request it through the National System of Public Defender. To this end, it will appoint judicial representatives who will dedicate themselves exclusively to the judicial assistance of the victims through a special program that will fulfill this task, incorporating criteria of differential counseling and an assistance component for female victims.
ARTICLE 44. THE VICTIM ' S EXPENSES IN RELATION TO THE COURT PROCEEDINGS. The victims in respect of which the lack of availability of resources to cover the costs of the judicial action will be verified in summary and expeditious, will be the subject of measures to facilitate legitimate access to criminal proceedings.
In a preferential manner and in the interest of the monetary and non-monetary resources available, they may be subject to measures such as access to hearings through teleconferences or any other technological means that will enable the respective procedural steps.
PARAGRAFO 1o. When victims voluntarily decide to institute guardianship resources or to go to administrative litigation, to obtain compensation for the damage suffered, the proxies or attorneys who are represent in the process they may not, in any case, receive, agree or agree fees that exceed the two (2) minimum monthly legal salaries in force in the case of the actions of guardianship, or of twenty-five (25) monthly minimum legal wages in the case of actions before the administrative contentious jurisdiction, including the sum that is agreed as a success fee, litis quota, or percentage of the amount decreed in favor of the victim by the judicial authority. The above will have application regardless of whether it is one or several proxies and regardless of whether a process brings together several victims.
PARAGRAFO 2o. As provided for in this article, it will be regulated by the National Government, in a term not greater than one (1) year counted from the time of this law.
ARTICLE 45. The bodies with permanent functions of the Judicial Police will be assigned to a specialized group of their agents to carry out the work of identification of goods and assets that have been hidden by persons accused of undermining the rights of the victims of which this law is addressed.
ARTICLE 46. When of the material evidence, physical evidence, legally obtained information, or other evidence collected during a criminal investigation for the harm of the rights of the victims of which the present law deals, it can be reasonably inferred that the structure or illegal organization to which the investigation belonged received economic support, on a voluntary basis, from a natural or legal person national or foreign, with a subsidiary or subsidiary in the national territory, or which public servants have the public function to promote actions of violations of international human rights norms or violations of International Humanitarian Law by the respective illegal structure, the prosecutor shall forward the file and the evidence raised to an ordinary prosecutor, in accordance with the Code of Criminal Procedure and the rules governing the matter.
In the events in which during the procedure governed by Law 975 of 2005, the Attorney General of Justice and Peace warns of the circumstances mentioned in the previous paragraph, the latter must submit the file and the evidence collected from an ordinary Prosecutor, in accordance with the Code of Criminal Procedure and the rules governing the matter.
In events in which the criminal liability of the natural person or of the representative of the national or foreign legal person with a subsidiary or subsidiary is declared in the national territory or the public servant, as the case may be, the Judge of knowledge, upon request of the public prosecutor or the Public Ministry, will immediately open a special repair incident, which will take place in accordance with the provisions of the Code of Criminal Procedure, without need that the victims be individualized, as the Judge or the Magistrate of knowledge take into consideration the damage of rights caused by the armed group outside the law that has been supported.
When deciding on the incident of repair the Judge or Magistrate of knowledge will order, in the title of reparation to the victims, that the same sum of money with which the condemned or the condemned contributed or contributed to the financing of the structure or illegal organization, or its equivalent in money if the support was in kind, or the sum that the Judge or Magistrate considers relevant in case the same is not determined within the process, is entered in favor of the Victims of Violence.
The Judge or Magistrate may also order the sentenced person to carry out satisfaction measures, which must be carried out directly by him. This provision shall have no effect on the subsidiary liability of the State which shall be governed by the provisions of Article 10 of this Law.
PARAGRAFO 1o. When in the course of the criminal proceedings the knowledge judge warns justified reasons to think that the illegal structure or organization to which the defendant belonged received economic support, in a manner voluntary, natural or legal person or foreign national, with subsidiary or subsidiary in the national territory, shall forward the file and the evidence collected to an ordinary Prosecutor, in accordance with the Code of Criminal Procedure and the rules governing the matter.
PARAGRAFO 2o. The legal person whose legal representative is condemned in the terms of this article, shall be liable as a civilly responsible third party to the incident of reparation in the terms of the Code of Criminal Procedure. Likewise, the Judge or Magistrate may also order the execution of measures of satisfaction in favor of the victims by the legal persons referred to in this article.
PARAGRAFO 3o. In no case, in the terms of this article, the Judge or Magistrate may order a legal person, by way of reparation, to enter in favour of the Fund to Repair Victims of Violence on more than one occasion for the same facts.
