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LAW 1719 OF 2014
(June 18)
Official Journal No. 49.186 of 18 June 2014
CONGRESS OF THE REPUBLIC
By which some articles of Laws 599 of 2000, 906 of 2004 are amended and measures are taken to ensure access to justice for victims of sexual violence, in particular the sexual violence on the occasion of armed conflict, and other provisions are dictated.
COLOMBIA CONGRESS
DECRETA:
GENERAL PROVISIONS.
ARTICLE 1o. present law aims at the adoption of measures to guarantee the right of access to justice for victims of sexual violence, especially sexual violence associated with internal armed conflict. These measures seek to address the needs of women, girls, children and adolescent victims as a matter of priority.
OF CRIMINAL TYPES.
ARTICLE 2o. Add article 138A of Act 599 of 2000 in the following terms: Article 138A. Abusive carnal access in protected person under the age of fourteen. The one who, on occasion and in the development of armed conflict, carnally access protected person under fourteen (14) years, will incur imprisonment of one hundred and sixty (160) to three hundred twenty-four (324) months and fine of six hundred and sixty-six Sixty-six (666.66) to one thousand five hundred (1,500) monthly minimum legal wages in force.
ARTICLE 3o. Add article 139A of Act 599 of 2000 in the following terms: Article 139A. Sexual acts with a protected person under the age of fourteen. The one who, in the course of armed conflict, will perform various sexual acts of the carnal access with a protected person of less than fourteen (14) years or in his presence, or the inducement of sexual practices, will be in prison of sixty-four years. (64) a hundred and sixty-two (162) months and a fine of one hundred and thirty-three point thirty-three (133.33) to seven hundred and fifty (750) current minimum legal statutory wages.
ARTICLE 4o. Amend article 141 of Act 599 of 2000 in the following terms:
Article 141. Forced prostitution in protected person. The fact that, on the occasion and in the development of the armed conflict, force a protected person to provide sexual services, it will incur in prison from one hundred and sixty (160) to three hundred twenty-four (324) months and fine of six hundred and sixty-six point sixty and six (666.66) to one thousand five hundred (1,500) monthly minimum legal wages in force.
ARTICLE 5o. Add article 141A to Act 599 of 2000 in the following terms:
Article 141A. Sexual slavery in protected person. The fact that, in the context of the armed conflict, one of the attributes of the right of property through violence on a protected person to carry out one or more acts of a sexual nature, will incur imprisonment of one hundred and sixty (160) to three hundred and twenty-four (324) months and fine of six hundred and sixty-six point sixty-six (666.66) to one thousand five hundred (1,500) monthly minimum legal wages in force.
ARTICLE 6o. Add article 141B to Act 599 of 2000 in the following terms:
Article 141B. Trafficking in persons in a protected person for the purpose of sexual exploitation. The one who, on the occasion and in the development of the armed conflict, captures, transfers, engages or receives a protected person within the national territory or abroad, for purposes of sexual exploitation, will incur in prison of one hundred and fifty-six (156) to Two hundred and seventy-six (276) months and a fine of eight hundred (800) to one thousand five hundred (1,500) monthly minimum legal wages in force.
For the purposes of this article it shall be understood by sexual exploitation to obtain economic benefit or any other benefit for himself or for another person, by exploitation of the prostitution of others, sexual slavery, marriage servile, sex tourism or any other form of sexual exploitation.
ARTICLE 7o. Add article 139B to Act 599 of 2000 in the following terms:
Article 139B. Forced sterilization in protected person. The one who, on the occasion and in the development of the armed conflict, through violence, deprives protected person of biological reproduction capacity, will incur in prison of sixty-four (64) a hundred and sixty-two (162) months and fine of one hundred Thirty-three point thirty-three (133.33) to seven hundred and fifty (750) monthly minimum legal wages in force.
PARAGRAFO. It is not understood as forced sterilization the deprivation of biological reproduction capacity that corresponds to the treatment needs consented to by the victim.
ARTICLE 8o. Add article 139C to Act 599 of 2000 in the following terms:
Article 139C. Forced pregnancy in protected person. The one who, on the occasion of the armed conflict, having left in pregnancy to a protected person as a result of a constitutive conduct of carnal access violent, abusive or in person put in inability to resist, force to whom has remained in pregnancy To continue with the gestation, it will incur in prison of one hundred sixty (160) months to three hundred twenty-four (324) months and fine of six hundred and sixty six and six sixty-six (666.66) to fifteen hundred (1,500) monthly minimum legal wages in effect.
ARTICLE 9o. Add article 139D to Act 599 of 2000 in the following terms:
Article 139D. Forced nudity in protected person. The fact that, on the occasion and in the development of the armed conflict, by means of violence, force a protected person to strip totally or partially or to remain naked, he will incur in prison of sixty-four (64) a hundred and sixty-two (162) months and A fine of one hundred and thirty-three point thirty-three (133.33) to seven hundred and fifty (750) current minimum statutory statutory wages.
ARTICLE 10. Add article 139E to Act 599 of 2000 in the following terms:
Article 139E. Forced abortion in protected person. The one who in the course of the armed conflict, through violence interrupts or forces to interrupt the pregnancy of a protected person without their consent, will incur in prison from one hundred sixty (160) months to three hundred twenty-four (324) months and fine of six hundred and sixty-six point sixty-six (666.66) to one thousand five hundred (1,500) monthly minimum legal wages in force.
ARTICLE 11. Add article 212A to Act 599 of 2000 in the following terms:
Article 212A. Violence. For the purposes of the conduct described in the previous chapters, violence shall be understood: the use of force; the threat of the use of force; physical or psychological coercion, such as that caused by fear of violence, intimidation; illegal detention; psychological oppression; abuse of power; the use of coercion and similar circumstances that prevent the victim from giving his or her free consent.
ARTICLE 12. Add the numeral 5 to Article 216 of Act 599 of 2000 in the following terms:
(...) 5. The conduct will be committed as a form of retaliation, repression or silencing of persons who are part of social, community or political organizations or who act as leaders or human rights defenders.
OF INVESTIGATION AND PROSECUTION.
ARTICLE 13. RIGHTS AND GUARANTEES FOR VICTIMS OF SEXUAL VIOLENCE. Victims of sexual violence without prejudice to the rights, guarantees and measures provided for in Articles 11 and 14, and Chapter IV of Title IV of Law 906 of 2000; in articles 8or, 19, 20, 21 , and 22 of Act 1257 of 2008; in items 35, 36, 38, 39, 40, 41, 42, 43, 44, 52, 53, 54, 69, 132, 135, 136, 137, 139, 140, 149, 150, 151, 181, 182, 183, 184, 186, 187, 188, 190, 191 of Act 1448 of 2011; in article 54 of Act 1438 of 2011; in the Article 15 of Law 360 of 1997; in articles 192, 193, 194, 195, 196, 197, 198 of Act 1098 of 2006, and other provisions that modify them or add, are entitled to:
1. That privacy and privacy are preserved at all times by maintaining the confidentiality of information about your name, residence, telephone, place of work or study, among others, including that of your family and individuals. This protection is inalienable for victims under the age of 18.
2. To be extended copies of the complaint, legal medical recognition and any other documents of interest to the victim.
3. Not be discriminated against because of their past or their sexual behavior or orientation, nor for any other cause respecting the principle of equality and non-discrimination, in any area or moment of care, especially by the operators of justice and the interveners in the judicial process.
4. Be attended by people formed in Human Rights, and differential approach. All institutions involved in the care of victims of sexual violence will make budgetary, pedagogical and administrative efforts to fulfill this obligation.
5. The right not to be confronted with the aggressor, not to be subjected to repetitive tests and to ask the judicial authorities to refrain from ordering the practice of tests or to exclude those already practiced that involve an interference unnecessary or disproportionate to their right to privacy.
6. Be served in accessible locations, which ensure privacy, healthiness, safety and comfort.
7. Be protected against all forms of coercion, violence or intimidation, direct or on their families or persons in their custody.
8. To be valued the context in which the facts were the object of unprejudiced investigation against the victim.
9. To be provided with advice, support and legal technical assistance in all stages of the process and from the moment the fact is known to the authorities. Interviews and inquiries arising before the imputation formulation must be carried out in a safe place and which gives the victim confidence, and no official may prevent him from being accompanied by a lawyer or lawyer, or a psychologist or psychologist. Places of waiting must be guaranteed for victims isolated from the areas in which the judicial proceedings are carried out, to avoid contact with the aggressor or his defence, and to accompany the appropriate personnel.
10. To be given equal opportunities from a differential approach, to render statement as to other witnesses, and to take steps to facilitate such testimony in criminal proceedings.
11. To be considered their condition of special vulnerability, attending to their status as age, disability, belonging to an ethnic group, belonging to discriminated populations or to social or collective organizations that are the object of violence sociopolitical, in the adoption of measures of prevention, protection, in guarantees for their participation in the judicial process and to determine their reparation.
12. The pregnant woman who is a victim of violent carnal access to the armed conflict must be informed, advised and taken care of the possibility of continuing or interrupting the pregnancy.
PARAGRAFO 1o. Public servants who in the development of criminal proceedings or any other type of judicial or administrative action fail to fulfil their obligations in respect of the guarantee of the rights of the victims of sexual violence, will respond to the Courts and Courts competent, and to the disciplinary authorities for such conduct.
The Public Ministry will monitor compliance with the rights of victims of sexual violence as a matter of priority. Investigations into alleged disciplinary misconduct will be brought forward through the verbal procedure laid down in Chapter 1 of Title XI of the Single Disciplinary Code.
PARAGRAFO 2o. In the term of one (1) year from the entry into force of this law, the Office of the Prosecutor General of the Nation, the National Institute of Legal Medicine and Forensic Sciences, the Colombian Institute of Family Welfare, the Family Commissaries, the National Police, the Superior Council of the Judiciary, the Ombudsman's Office, the Ministry of Health and other authorities involved in the processes of comprehensive care and access to justice victims of sexual violence, will have to submit a detailed report to the Monitoring Committee on the measures implemented for the adequacy and institutional strengthening that guarantee the rights and guarantees enshrined in this article.
ARTICLE 14. The competent judicial authority will advance the investigation of crimes that constitute sexual violence on the occasion of the armed conflict, for which they will be considered as hypotheses, between other, the following:
1. The context in which the facts were investigated.
2. Circumstances in which the facts occurred.
3. Commission patterns of punishable conduct.
4. General or systematic character of the attack under which the conduct is developed.
5. Knowledge of widespread or systematic attack.
6. Membership of the active subject to an organized power apparatus that acts in a criminal manner.
7. Conduct of the development of an organized group policy.
ARTICLE 15. CRIMES AGAINST HUMANITY AS A JUDICIAL TRUTH. Such acts of sexual violence shall be understood as "crimes against humanity" when committed as part of a widespread or systematic attack against the civilian population and with knowledge of such an attack, in accordance with the definitions of the Article 7or the Rome Statute and the elements of the crimes developed from that Statute.
The competent judicial authority that carries out the investigation and the judgment shall state that the conduct (s) by which it is investigated or judged is of humanity, when so established.
ARTICLE 16. Modify the second paragraph of article 83 of Act 599 of 2000 as amended by Act 1426 of 2010 in the following terms:
The term of prescription for conduct punishable by enforced disappearance, torture, homicide of a member of a trade union organization, homicide of human rights defender, murder of journalist and forced displacement will be thirty years. (30) years. In the conduct of permanent execution the term of limitation shall begin to run from the perpetration of the last act. Criminal action for crimes of genocide, humanity and war crimes will be imprinted.
ARTICLE 17. OBLIGATION TO ADVANCE THE INVESTIGATIONS WITHIN A REASONABLE TIME AND UNDER THE IMPETUS OF THE JUDICIAL OFFICERS. In cases involving sexual violence, the prosecutor, the Judge or Magistrate must act with due diligence; they must fully use their official powers in the investigation to prevent impunity.
The investigation should be initiated immediately to the knowledge of the facts and be carried out within a reasonable time. The impulse of research is a legal duty of its own, it should not be borne by the victim's initiative, in his participation in the process or depending on his retraction. In the event of retraction, it is up to the case prosecutor to corroborate the reasons that promoted this decision of the victim, especially those referring to the security conditions, protective measures and possible situations of revictimisation.
The case prosecutor must count within his group of criminalistic investigators with trained personnel in sexual crimes, with whom he will adapt the methodological program of the investigation according to the characteristics of each case and taking into account the ethnic, ethary and socio-economic characteristics of the victim.
The actions brought forward by judicial officers must at all times respect the dignity of victims of sexual violence and address their needs in such a way that they do not constitute acts of revictimization.
ARTICLE 18. RECOMMENDATIONS FOR JUDICIAL OFFICERS IN THE TREATMENT OF PROOF. Without prejudice to the principles of probation, presumption of innocence, autonomy judicial and other principles provided for, inter alia, in Article 7or the Code of Criminal Procedure, in cases where crimes involving sexual violence, Judicial Police personnel, Legal Medicine, Public Ministry, Public Prosecutor's Office, and Judicature will be able to observe the following recommendations in the collection, practice and assessment of the evidence:
1. Consent shall not be inferred from any word, gesture or conduct of the victim when the victim is not voluntary and free.
2. Consent may not be inferred from the silence or lack of resistance of the victim to sexual violence.
3. The Judge or Magistrate shall not admit evidence of discrimination on the basis of religious, ethnic, ideological, political or other reasons.
ARTICLE 19. RECOMMENDATIONS FOR THE CONDUCT OF THE INVESTIGATION AND ASSESSMENT OF EVIDENCE IN CASES OF SEXUAL VIOLENCE. Without prejudice to the principles of probation, the presumption of innocence and the judicial autonomy and other principles provided for, inter alia, in Article 7or the Code of Criminal Procedure, the competent officials may take into account the following: recommendations for the conduct of the investigation and assessment of the tests in cases of sexual violence, without prejudice to the use of other criteria aimed at ensuring due diligence in the investigation and investigation:
1. The determination of the occurrence of the fact of sexual violence to the existence of physical evidence shall not be conditioned.
2. The absence of traces of sperm, fluids, DNA, or injuries on the victim's body is not enough reason to conclude the non-occurrence of the behavior.
3. The use of condoms by the alleged aggressor does not allow the victim's consent to be inferred.
4. The finding of the whole hymen in the victim is not enough reason to conclude the non-occurrence of the behavior.
5. It will address the context in which the criminal acts and the patterns that explain their commission occurred, especially those that occur in the framework of the armed conflict. For this purpose, the operators of justice will be able to go to psychological or anthropological expertise.
6. The testimony of the victim of sexual violence on the occasion of the armed conflict will not be dismissed, especially when it comes to a minor victim.
7. High quality research techniques will be introduced to obtain evidence without being degrading to the victim and minimizing any intrusion into their privacy.
8. In view of the existence of a victim with diverse sexual orientation, the events that have taken place will be investigated in depth, without calling them a priori as "passive crimes" or as personal vendettas. Research should ensure the hypothesis of the existence of crime by homophobia.
ARTICLE 20. COMPETITION. Crimes of sexual violence may not be investigated through military criminal jurisdiction.
ARTICLE 21. TECHNICAL-LEGAL COMMITTEES OF THE NATION ' S ATTORNEY GENERAL FOR THE INVESTIGATION OF SEXUAL VIOLENCE. Create the Technical-Legal Committees for the Investigation of Sexual Violence within the Office of the Prosecutor General of the Nation, as mechanisms for strategic addressing of cases that due to their difficulty and situation of greater vulnerability of the victims. This Committee will aim to carry out the analysis, monitoring and definition of techniques and research strategies with a gender and differential perspective. These Committees will be activated when the Attorney General of the Nation, the Deputy Attorney General of the Nation, or the Committee for the Priorization of Cases or Situations, or the National Directorate of Fiscalas, or the United Nations Units of Prosecutors, or the Sectional Directorates of the Prosecutor General's Office, in an informal manner, as a measure of prioritization that accompanied by others seeks not only to guarantee the effective advancement of the investigation, but also the access to justice for the victims. The performance of these committees may be requested by the victim, his judicial representative, the Ombudsman's Office or the organization accompanying the victim. Those who make up the Committee must demonstrate experience and/or training in the face of the protection of the human rights of women, girls, children and adolescents, the gender and differential approach and the psychosocial perspective. The recommendations and technical guidance provided by the Committee shall be addressed by the Prosecutor in charge of the investigation and by the personnel serving as judicial and forensic police officers.
Where the victim of sexual violence is also the victim of other punishable conduct related to the armed conflict, which are being investigated simultaneously and separately, the Committee may provide additional technical guidance for all of them to address the special situation of the victim, and the possible connection of sexual violence with the facts that are the object of the different investigations.
PARAGRAFO. The Technical-Legal Committees for the Investigation of Sexual Violence within the Office of the Prosecutor General of the Nation will enter into operation within three months of the entry into validity of this law.
PROTECTION MEASURES.
ARTICLE 22. PROTECTION TO ENSURE ACCESS TO JUSTICE FOR VICTIMS OF SEXUAL VIOLENCE. To protect the rights of victims of sexual violence on the occasion of armed conflict and to ensure their access to justice and facilitate their participation at all stages of the process, the following rules apply:
1. It is presumed that the victims of sexual violence have become more vulnerable to armed conflict, the risk of new aggressions affecting their personal safety and their physical integrity, and the existence of disproportionate risks. sexual violence of Colombian women in the armed conflict as foreseen in the 2008 Auto 092 of the Constitutional Court. Consequently, the adoption of the provisional protective measures to be taken shall not be subject to risk studies by any of the competent authorities.
2. In all cases, protection programmes should incorporate a human rights approach towards women, generational and ethnic, and be harmonised with legislative progress, and the principles and rules of international law on human rights. Human and International Criminal Law.
3. In addition to the protection measures set out in 11, 12, 13, 17 , and 18 of Act 1257 of 2008, and of the care measures set out in Article 19 and 22 of the same law, must be provided to victims of sexual violence permanent psychosocial care, if they decide to accept care, until their full emotional recovery.
4. Protective measures shall always be extended to the family group and to persons who are dependent on the victim and who for defending the rights of the victim may enter a risk situation.
5. When the protection measures are adopted in favor of women human rights defenders, their implementation should also contribute to the strengthening of their right to participation, their organizational processes and their work to defend human rights. Human Rights.
6. The application for protection before the competent authorities comes before the complaint of the fact of sexual violence. No official shall be able to coerce the victim to make a statement on the facts before having a suitable protective measure and to ensure security and confidence to make the complaint.
7. For this purpose, the Office of the Prosecutor General of the Nation will have an agile mechanism for the victims to submit their application for protection before the complaint is made, and will adopt the most appropriate interim protection measure, taking into account a differential approach, and applying the special and expedited measures provided for in Articles 17 and 18 of Law 1257 of 2008.
8. Once the complaint has been made, the Prosecutor, the victim or his/her judicial representative, may request before the Judge of the Control of Guarantees, the imposition of definitive protective measures for as long as necessary, under a differential approach, to ensure their security, respect for their privacy, their participation in the judicial process and the prevention of secondary victimization, in accordance with Articles 17 and 18 of Act 1257 of 2008, and items 11 and 134 of Law 906, 2004. This decision must be taken at a maximum of seventy-two (72) hours.
9. The protection measures to be adopted pursuant to Law 1257 of 2008 are not exclusive of other protective measures that come under the Program for the Protection of Victims and Witnesses of the Attorney General of the Nation, or the Protection Program in charge of the Ministry of the Interior.
10. Access to protection programs for victims and witnesses of the Office of the Prosecutor General of the Nation; for victims of sexual violence on the occasion of the armed conflict, cannot be conditioned to the effectiveness or usefulness of the participation of the victim, for the collection of evidence or for the identification of the author of the event; the purpose of the protection in these cases shall be understood to be sufficient for the generation of sufficient safety and security conditions for the full exercise of the rights of the victim and to guarantee their participation during the process of the process penalty.
ATTENTION ON HEALTH.
ARTICLE 23. COMPREHENSIVE AND FREE HEALTH CARE. The victims of sexual violence are entitled to priority care within the health sector, their care will be provided as a medical emergency, regardless of the time between the time of the aggression and the consultation, and the existence of criminal complaint. Comprehensive health care for any victim of sexual violence is free. All health system entities are at the faculty obligation to implement the Protocol and the Comprehensive Health Care Model for Victims of Sexual violence, which will contain within the procedures of voluntary termination of pregnancy the objection of the doctors and the counseling of the woman to continue or to interrupt the pregnancy.
ARTICLE 24. PSYCHOSOCIAL CARE FOR VICTIMS OF SEXUAL VIOLENCE. The Social Security System in Health must have suitable professionals and specialized programs for the psychosocial care of victims of sexual violence on occasion of the armed conflict.
Psychosocial attention should be given to the victim who so requests, from the first moment of knowledge of the facts, by the judicial authorities, throughout the criminal proceedings. Psychosocial care will be considered in the repair incidents as one of the measures to be ordered in the area of rehabilitation. The psychosocial care provided prior to the repair incident cannot be considered as a repair measure. The attention and reparation of victims of sexual violence in the framework of the special criminal justice and peace process will be followed by the provisions of Law 975 of 2005, as amended by Law 1592 of 2012.
Psychosocial care provided to victims of sexual violence must be provided until the victim requires it and cannot be restricted for economic reasons or for reasons of time.
Psychosocial care must be oriented to generate emotional conditions that favor the participation of victims in the processes of demanding rights to the truth, justice and reparation; and overcoming the impacts of the emotional derivatives of sexual violence.
TRANSIENT PARAGRAPH. Without prejudice to the provisions in 47, 52, 53, 54, 137 , and 138 of Act 1448 of 2011; of article 19 and 54 of Act 1438 of 2011, and items 13 and 19 of Act 1257 of 2008, and as long as sufficient and adequate staff and resources are not guaranteed in the terms set forth in this article to access care Psychosocial, victims of sexual violence will be able to opt for the services provided by private organisations experienced in the field. For the purpose, the Ministry of Health and the entities of the territorial order under the principles of coordination, subsidiarity and concurrence, will establish agreements with private or public organizations that certify their expertise in attention psychotherapy with a psychosocial perspective, through which the service will be provided to victims of sexual violence who so request, for as long as it is necessary for their emotional recovery.
The psychosocial care received through a private organization, will be an integral part of the victim's medical history, cannot be unknown to the medical staff of the EPS or ARS to which the victim is affiliated.
REPAIR MEASURES.
ARTICLE 25. REPAIR MEASURES. Victims of sexual violence are entitled to comprehensive redress. Judges shall recognize and identify direct and indirect victims, and individualize damages, material and immaterial, individual and collective, caused by acts of sexual violence, based on criteria age differentials, ethnic group, sexual orientation, gender identity or expression, disability status, status of forced displacement or victim of armed conflict, membership of a social organization, leadership activity, among others.
The attention and reparation of victims of sexual violence in the framework of the special criminal justice and peace process will be followed by the provisions of Law 975 of 2005, as amended by the Law 1592 of 2012.
Repair measures will be aimed at fully restoring the rights violated.
Repair measures shall include restitution, compensation, satisfaction, rehabilitation and non-repetition measures in charge of the person responsible for the crime.
ARTICLE 26. PARTICIPATION OF VICTIMS IN THE DEFINITION OF REPAIR MEASURES. In all procedures for the establishment of repair measures, it shall be ensured that the victims or their judicial representatives are heard in their claims The Commission has proposed that the Commission should be able to take the necessary steps to ensure that the compensation measures are in line with the specific characteristics of the case, such as the context of armed conflict, the age of the victims, their conditions of vulnerability, and the violence suffered. If the judge in his or her failure to repair departs from the requests of the victim or his representatives, he or she must justify their decision, and in any case, guarantee the integral repair.
The attention and reparation of victims of sexual violence in the framework of the special criminal justice and peace process will be followed by the provisions of Law 975 of 2005, as amended by the Law 1592 of 2012.
ARTICLE 27. SPECIAL RULES FOR THE PROCESSING OF THE INCIDENT OF INTEGRAL REPARATION IN CASES OF SEXUAL VIOLENCE ON THE OCCASION OF THE ARMED CONFLICT UNDER THE PROCEDURE OF LAW 906 OF 2004. In cases of sexual violence on the occasion of the armed conflict, the following rules will be followed for the exercise and momentum of the comprehensive repair incident:
1. If the direct victim cannot be located within the legal term intended to initiate the comprehensive repair incident, the prosecutor shall request his/her commencement within five (5) days of the expiration of the term Article 102 of Law 906 of 2004, as amended by article 86 of Law 1395 of 2010. The Attorney-in-Office shall send a copy of the application to the Ombudsman to ensure that the victim has an appropriate judicial representative.
2. In the case of minor victims, who lack legal representation, or whose representatives refrain from applying for the start of the incident, the prosecutor must apply for their commencement within five (5) days of the expiry of the Article 102 of Law 906 of 2004, as amended by article 86 of Law 1395 of 2010. To the hearing that the judge calls for the beginning of the incident, the agent of the Public Ministry, the family defender whose appointment will be requested from the ICBF, and the judicial representative of victims designated by the Ombudsman's Office.
3. In the public hearing established in Article 103 of Law 906 of 2004, as amended by Article 87 of Law 1395 of 2010, the judge will have to examine whether the Claims made sufficiently collect the comprehensive and differential repair criteria set out in Article 28 of this law. By verifying that the claims do not incorporate such criteria, the judge will admit the application, and will grant the victims ' judicial representative the opportunity within the same hearing to add to the application additional measures.
4. In the public hearing regulated by Article 103 of Law 906 of 2004, as amended by Article 87 of Law 1395 of 2010, the right to be enshrined in law shall be guaranteed Article 8or, literal k) of Law 1257 of 2008, especially when the judge of the possibility to reconcile. The reconciliation shall be limited to the compensation measures and shall not be the subject of reconciliation of the measures of restitution, satisfaction, rehabilitation and guarantees of non-repetition.
5. In the decision to terminate the comprehensive repair incident, the judge may include compensation measures, and measures of restitution, satisfaction, rehabilitation, and non-repetition guarantees, which by virtue of the principle of integral reparation, and According to the facts demonstrated, they must be ordered even if the incident has not been expressly invoked, but they can be inferred from the context in which the facts occurred and according to the differential criteria that are evident.
6. The expiry term provided for in Article 106 of Law 906 of 2004, as amended by Article 89 of Law 1395 of 2010, will be understood to be extended by the sum of the time limits provided for in numerals 2 and 3 of this Article, where applicable.
PARAGRAFO 1o. The prosecutor and the victims ' judicial representative must act with due diligence to ensure the comprehensive reparation to the victims it represents. Failure to comply with this duty, through missives in the application of the respective measures for compensation, restitution, satisfaction, rehabilitation or guarantees of non-repetition, or in the application and practice of the tests, shall constitute an alleged lack of professional due diligence in accordance with the Disciplinary Code of the Advocate.
PARAGRAFO 2o. The Ombudsman's Office will establish selection criteria and implement specialized and ongoing training programmes for victims ' judicial representatives, in order to ensure that they are service is provided through suitable and knowledgeable personnel on the human rights of women, girls, children and adolescents, on the differential approach, and on the mechanisms to fully guarantee the rights of victims to access to justice, truth and comprehensive redress.
ARTICLE 28. SPECIAL RULE FOR THE SETTLEMENT OF DAMAGES IN CASES OF SEXUAL VIOLENCE ON THE OCCASION OF THE ARMED CONFLICT DEALT WITH UNDER THE PROCEDURES PRIOR TO LAW 906 OF 2004. In the decision to settle the liquidation of damages, the judge may include repair measures which under the principle of integral repair, and in accordance with the facts shown, must be ordered even if they have not been expressly invoked at the relevant procedural time, but may be inferred from the the context in which the facts occurred and according to the differential criteria that result evident.
ARTICLE 29. Add a paragraph 2o to Article 145 of Law 1448 of 2011 in the following terms:
(...) Paragraph 2o. As part of the development of the differential approach, the Historical Memory Center will present in the term of two (2) years to the National Government, the Congress of the Republic, the Altas Cortes and the Office of the Prosecutor General of the Nation, a special report of public character, on sexual violence on the occasion of armed conflict.
The report, which will have a national scope, will seek to establish the existence of patterns of the occurrence of this type of behavior and to describe the regional context in which they developed, taking into account social, economic, political and culture that allowed the commission of this kind of violence.
The methodology for the preparation of the report will include the documentation of cases of victims of sexual violence and the use of the systematization of the information of the agreements for the truth established in the Law 1424 of 2011, as well as free versions under the 2005 975 Act.
OTHER PROVISIONS.
ARTICLE 30. STRENGTHENING OF THE POLICY ON SEXUAL AND REPRODUCTIVE RIGHTS, SEXUAL AND REPRODUCTIVE HEALTH, EQUITY AND GENDER-BASED VIOLENCE. The Ministry of Defense, with input from the Attorney General's Office and the Ombudsman's Office, continue to strengthen its sexual and reproductive rights, sexual and reproductive health, equity and gender-based violence, to include actions aimed at:
1. Provide for the higher controls to exercise concrete measures to prevent the commission of sexual violence behavior by their deputies. Senior officers will have to give an example and ensure that staff under their supervision are aware that sexual violence is unacceptable to their institution, and that no such behaviour will be tolerated.
2. Strengthen the training processes of those in the public force, as well as in the preparation of missions on the ground. Senior officers will emphasise the importance the Ministry of Defence attaches to the elimination of sexual violence.
3. The creation of an effective program of outreach to the local community to explain the policy of the Ministry of Zero Tolerance in the face of sexual violence, and to establish effective mechanisms so that people can make complaints in a confidential environment. The broadcast campaign must make clear that retaliation against those who complain that it will not be tolerated.
4. The creation of a procedure for the collection of information on complaints against members of the armed forces for the alleged commission of conduct involving sexual violence, in which it emphasizes the follow-up to the responses to these complaints. complaints.
5. The creation of an immediate reaction protocol to the news of a sexual violence committed by one of its members, or in areas under its control, to ensure the consistent application of the procedures disciplinary, and immediately move from the complaint to the ordinary justice for their corresponding investigation.
ARTICLE 31. UNIFIED SYSTEM OF INFORMATION ON SEXUAL VIOLENCE. In accordance with the provisions of Article 9or numeral 9 of Law 1257 of 2008 and Article 3o literal k) of National Decree 164 of 2010, the The National Administrative Department of Statistics, in coordination with the Presidential Office for the Equity of Women and the National Institute of Legal Medicine and Forensic Sciences, will advise the incorporation of the Registration System. Unified Case of Violence against Women, contemplated in these rules, of a single component of information, which allows to know the extent of sexual violence covered by this law, to monitor the risk factors of this law, and to provide elements of analysis to assess the measures taken in the field of prevention, care and protection.
For the structuring of the single information component, the systems of registration and information of the National Institute of Legal Medicine and Forensic Sciences, of the Ministry of Defense, of the Ministry of Defense, will be articulated and unified within one (1) year. Attorney General of the Nation, the Judicial Branch, the Ministry of Health, the Prestators of Health Services, the Health Promoters, the Attorney General's Office, and the Ombudsman's Office. sexual violence, especially on the occasion of armed conflict.
Each involved entity will be required to provide all collaboration, and to deliver the respective information.
The unique information system will account for cases of sexual violence recorded by all entities by specifying:
1. The place and date of occurrence of the facts.
2. Characterization of victims, specifying sex, age, ethnic group, sexual orientation, gender identity or expression, condition of disability status of forced displacement or victim of armed conflict, belonging to a social organization, leadership activity, among others.
3. Characterization of the alleged victim by specifying sex, age, membership of an armed group and identification, relationship with the victim, among other differential criteria.
4. Prevention, care and protection measures taken.
5. Cases that are known to the judicial authorities, if a complaint has been filed, provisional or definitive legal status, stage of the criminal proceedings and the existence of rulings on criminal liability.
The Unified Registration System of Violence Against Women in the first paragraph must establish parameters of transparency, security and privacy of the victims, and accessibility.
The information shall be publicly and continuously updated through the website determined by the entity responsible for the information, respecting the reservation on the identity of the victims.
ARTICLE 32. MONITORING COMMITTEE. The Follow-up Committee created by article 35 of Law 1257 of 2008, will have within its functions:
1. Assess compliance with the obligations of institutions responsible for care; prevention, investigation, prosecution, punishment and reparation in the field of sexual violence, especially in the event of armed conflict.
2. Follow up and identify obstacles in the inter-institutional articulation in care and access to justice for victims of sexual violence.
3. To issue the relevant recommendations in relation to the fulfilment of the obligations of the institutions involved in the care, prevention, investigation, prosecution, punishment and reparation in the field of sexual violence, especially on the occasion of the armed conflict.
For the execution of these functions, follow-up indicators will be adopted to assess the level of compliance, progress and impacts of prevention, care, protection and access to justice measures for victims of sexual violence. provided for in this Law. The information resulting from this follow-up work shall be included in the annual report to the Congress referred to in paragraph 2 of Article 35 of Law 1257 of 2008.
PARAGRAFO. The Follow-up Committee will conduct quarterly sessions dedicated to the assessment of the level of compliance with the obligations assigned to the different state entities in this law, and to the monitoring of the problem of sexual violence, especially during the armed conflict. The quarterly sessions referred to in this article shall be permanent guests: one (1) delegate to the Ministry of Justice and Law, one/a (1) delegate to the Ministry of the Interior, one/a (1) delegate to the Ministry of Health, one/a (1) delegate to the Ministry of Defense, one/a (1) delegate/to the Office of the Prosecutor General of the Nation, two (2) Representatives to the Chamber, two (2) Senators, one (1) delegate of the Superior Council of the Judiciary, and three (3) representatives of the victims of sexual violence in the framework of the armed conflict, chosen by a mechanism defined exclusively by themselves. And as international observers may be invited: a (1) delegate of the Office of the United Nations High Commissioner for Human Rights, a (1) delegate to the United Nations High Commissioner for Refugees (UNHCR) and a/a (1) delegate to UN-Women.
ARTICLE 33. COMPREHENSIVE STRATEGY OF TRANSITIONAL JUSTICE. In the framework of a peace agreement, the satisfaction of the rights to the truth, the justice and the reparation of the victims of sexual violence caused by the armed conflict, will be done through a comprehensive transitional justice strategy.
ARTICLE 34. All provisions of Law 1652 of 2013 shall apply in the processes that arise in the development of the provisions of this law in respect of victims Children under age.
For these cases, the government will regulate within a period of no more than 6 months after the approval of this law, regarding the route of medical, clinical, judicial care and the recognition of the occurrence of the facts, according to the protection of the rights of victims of minors. To do this, special procedures and instances can be defined.
ARTICLE 35. VALIDITY. This law governs from its enactment and repeals all provisions that are contrary to it.
The President of the honorable Senate of the Republic,
JOHN FERNANDO CHRIST BUSTS.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
HERNAN PENAGOS GIRALDO.
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO MANTILLA SERRANO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada en Bogotá, D. C., 18 June 2014.
JUAN MANUEL SANTOS CALDERÓN
The Minister of the Interior,
AURELIO IRAGORRI VALENCIA.
The Minister of Justice and Law,
ALFONSO GOMEZ MENDEZ.
The Minister of National Defense,
JOHN CARLOS PINZON BUENO.
The Minister of Health and Social Protection,
ALEJANDRO GAVIRIA URIBE.
The Director of the Administrative Department for Social Prosperity,
GABRIEL VALLEJO LOPEZ.
