ACT 1719 2014
Official Gazette No. 49186 of June 18, 2014 CONGRESS OF THE REPUBLIC
Whereby some articles of the Law 599 of 2000 are modified, 906 2004 and measures to ensure access to justice for victims of sexual violence, especially sexual violence during armed conflict are adopted, and other provisions.
THE CONGRESS OF COLOMBIA DECREES:
CHAPTER I. GENERAL PROVISIONS.
ARTICLE 1o. PURPOSE OF THE LAW. This law seeks 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 as a priority the needs of women, children and adolescent victims.
TYPES OF PENALTIES.
. 138A is added to Article 599 of the 2000 Act as follows: Article 138A. carnal abuse of a protected person under fourteen years. Which, on the occasion and development of armed conflict, access carnally protected person under fourteen (14) years, be liable to imprisonment of one hundred sixty (160) to three hundred twenty (324) months and a fine of six hundred sixty-six point sixty and six (666.66) to 1500 (1,500) minimum monthly wage.
ARTICLE 3. 139A of added to Article 599 of the 2000 Act as follows: Article 139A. sexual acts with protected person under fourteen. On that occasion and development of armed conflict effected, various sexual acts of sexual intercourse with a protected person under fourteen (14) years or in their presence, or induce sexual practices liable to imprisonment of sixty-four (64) hundred sixty-two (162) months and a fine of one hundred and thirty-three point thirty-three (133.33) to seven hundred and fifty (750) minimum monthly wage.
ARTICLE 4. Amend Article 141 of Law 599 of 2000 in the following terms:
Article 141. Forced prostitution protected person. Which, on the occasion and development of armed conflict, force protected to provide sexual services person, be liable to imprisonment of one hundred sixty (160) to three hundred twenty (324) months and a fine of six hundred sixty-six point sixty-six (666.66 ) to 1500 (1,500) minimum monthly wage.
The 5th ITEM. 141A is added to Article 599 of the 2000 Act as follows:
Article 141A. sexual slavery protected person. Which, on the occasion and development of armed conflict, exercising one of the attributes of property rights by means of violence on a protected person to perform one or more acts of a sexual nature, liable to imprisonment of one hundred sixty (160) three hundred twenty (324) months and a fine of six hundred sixty-six point sixty-six (666.66) to 1500 (1,500) minimum monthly wage.
ARTICLE 6o. 141B is added to Article 599 of the 2000 Act as follows:
Article 141B. Trafficking of protected persons for sexual exploitation. Which, on the occasion and development of armed conflict, detains, transports, harbors or receives a protected within the national territory or abroad for the purpose of sexual exploitation, person liable to imprisonment hundred and fifty-six (156) to two hundred seventy-six (276) months and a fine of eight hundred (800) to 1500 (1,500) minimum monthly wage.
For purposes of this article the term sexual exploitation of nature to obtain economic benefit or any other benefit for himself or for another person, through the exploitation of prostitution, sexual slavery, servile marriage, sex tourism or any other form of sexual exploitation.
ARTICLE 7. 139B is added to Article 599 of the 2000 Act as follows:
Article 139B. Forced sterilization of protected persons. On that occasion and development of armed conflict, through violence, depriving protected persons of biological reproductive capacity, liable to imprisonment of sixty-four (64) to one hundred sixty-two (162) months and a fine of hundred thirty three point thirty-three (133.33) to seven hundred and fifty (750) minimum monthly wage.
PARÁGRAFO. It shall not be deemed as forced sterilization deprivation of biological reproductive capacity corresponding to the treatment needs of consent by the victim.
Article 8. 139C is added to Article 599 of the 2000 Act as follows:
Article 139C. Forced pregnancy protected person. Which during the armed conflict, having left in pregnancy protected as a result of conduct constituting carnal violent, abusive or in person placed unable to resist person, force who has become pregnant to continue the pregnancy, you will incur in prison hundred sixty (160) months to three hundred twenty (324) months and a fine of six hundred sixty-six point sixty-six (666.66) to 1500 (1,500) minimum monthly wage.
Article 9. 139D is added to Article 599 of the 2000 Act as follows:
Article 139D. forced nudity protected person. Which, on the occasion and development of armed conflict, through violence, force protected to undress completely or partially or remain naked, liable to imprisonment of sixty-four (64) to one hundred sixty two person (162) months and a fine of one hundred and thirty-three point thirty-three (133.33) to seven hundred and fifty (750) minimum monthly wage.
139E is added to Article 599 of the 2000 Act as follows:
Article 139E. Forced Abortion protected person. On that occasion and development of armed conflict, through violence interrupt or forcing terminate pregnancy protected person without their consent, be liable to imprisonment of one hundred sixty (160) months to three hundred twenty (324) months and a fine of six hundred sixty-six point sixty-six (666.66) to 1500 (1,500) minimum monthly wage.
Article 11. Article 212A Adiciónese Law 599 of 2000 in the following terms:
Article 212A. Violence. For the purposes of the conduct described in the preceding chapters, violence means: the use of force; the threat or 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 coercive environments and similar circumstances prevent the victim give their free consent.
Adiciónese paragraph 5 of Article 216 of Law 599 of 2000 in the following terms:
(...) 5. The conduct was committed as a form of retaliation, repression or silencing people who are part of social and political organizations, or community or who serve as leaders or human rights defenders.
RESEARCH AND JUDGING.
ARTICLE 13. RIGHTS AND GUARANTEES FOR VICTIMS OF SEXUAL VIOLENCE. Victims of sexual violence without prejudice to the rights, guarantees and measures set out in Articles 11 and 14, and Chapter IV of Title IV of Law 906 of 2000; in Articles 8, 19, 20, 21 and 22 of Law 1257 of 2008; Articles 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 the 1448 Act 2011; Article 54 of Law 1438 of 2011; Article 15 of Law 360 of 1997; in Articles 192, 193, 194, 195, 196, 197, 198 of Law 1098 of 2006 and other provisions that modify or add, are entitled to:
1. That preserve privacy at all times maintaining confidentiality and privacy of information about your name, residence, phone, workplace or study, among others, including his family and close associates. This protection is indispensable for victims under 18 years.
2. That they extend copy of the complaint, the legal medical examination and any other documents relevant to the victim.
3. Not be discriminated against because of their past or their behavior or sexual orientation, or any other cause respecting the principle of equality and non-discrimination, in any field or moment of attention, especially by justice officials and those involved in the Judicial process.
4. Be staffed by people trained in human rights, and differential approach. All institutions involved in caring for victims of sexual violence make budgetary, educational and administrative efforts to fulfill this obligation.
5. The right not to be confronted with the aggressor, not to be subjected to repetitive testing and ask the judicial authorities to refrain from ordering the taking of evidence or exclude those already practiced involving unnecessary or disproportionate interference with his right to privacy . Effective Jurisprudence
6. You will be met in accessible locations that ensure privacy, health, safety and comfort.
7. You will be protected against all forms of coercion, violence or intimidation, direct or their families or persons in their custody.
8. In the context in which the facts under investigation without prejudice against the victim occurred is valued.
9. To have counseling, legal support and technical assistance in all procedural stages and from the moment the fact is known to the authorities. Interviews and proceedings that are filled before formulating complaint must be made in a safe place and that generates confidence to the victim, and no officer can prevent be accompanied by an attorney or lawyer, or psychologist or psychologist. Should ensure waiting areas for victims isolated areas where judicial proceedings, to avoid contact with the aggressor or develop their defense, and to the accompaniment of qualified personnel.
10. A that are afforded equal opportunities from a differential approach, to make a statement as other witnesses, and measures to facilitate such testimony in criminal proceedings.
11. In his condition of particular vulnerability is considered, according to their age condition, disability, membership of an ethnic group, belonging to discriminated populations or social organizations or groups that are the subject of sociopolitical violence, measures of prevention, protection in guarantees for their participation in the judicial process and to determine repair.
12. Pregnant women victims of violent sexual intercourse on the occasion and development of armed conflict, shall be informed, advised and served on whether to continue or terminate the pregnancy. PARAGRAPH 1.
. Public officials in the conduct of criminal proceedings or any other judicial or administrative action in breach of their obligations to guarantee the rights of victims of sexual violence, answerable to the courts and competent courts, and before the disciplinary authorities such conduct.
The Public Ministry will monitor compliance with the rights of victims of sexual violence as a priority. Investigations into alleged disciplinary offenses will be advanced through verbal procedure laid down in Chapter 1 of Title XI of the Single Disciplinary Code. PARAGRAPH 2.
. In the term of one (1) year from the entry into force of this Act, the Attorney General's Office, the National Institute of Legal Medicine and Forensic Sciences, the Colombian Institute of Family Welfare, the Family Commissions, the National Police, the Supreme Judiciary Council, the Ombudsman, the Ministry of Health and other authorities involved in the process of comprehensive care and access to justice for victims of sexual violence, have to submit a detailed report to the Committee Follow-up on the measures implemented to adapt and institutional strengthening to ensure the rights and guarantees enshrined in this article.
ARTICLE 14. The competent judicial authority advance the investigation of crimes that constitute sexual violence during armed conflict, for which the following will be considered as a hypothesis, among others:
1. Context in which the events under investigation occurred.
2. Circumstances in which the events occurred.
3. Patterns commission of the criminal offense.
4. widespread or systematic attack under which the behavior is developed.
5. Knowledge of the widespread or systematic attack.
6. Asset belonging to an organized power apparatus acting criminally liable.
7. Realization of behavior in developing an organized group policy.
ARTICLE 15. CRIME AGAINST HUMANITY AS A JUDICIAL TRUTH. It will be understood as a "crime against humanity" acts of sexual violence when committed as part of a widespread or systematic attack against any civilian population, with knowledge of the attack, in accordance with the definitions of Article 7 of the Rome Statute and elements of crimes developed from that statute.
The competent judicial authority conducting the investigation and prosecution, should declare that (s) conduct (s) for which investigates and judges is against humanity when it is established.
ARTICLE 16. Amend the second paragraph of Article 83 of Law 599 of 2000 as amended by Law 1426 of 2010 in the following terms:
The statute of limitations for criminal conduct of enforced disappearance, torture, murder of a member of a trade union, murder human rights defender, journalist murder and forced displacement shall be thirty (30) years. Punishable conduct in permanent execution the statute of limitations will begin to run from the perpetration of the last act. Criminal prosecution for crimes of genocide, crimes against humanity and war crimes will be imprescriptible.
ARTICLE 17. OBLIGATION TO ADVANCE RESEARCH IN A REASONABLE TIME AND UNDER THE MOMENTUM OF JUDICIAL OFFICIALS. In cases involving sexual violence, the prosecutor, the judge or magistrate must act with due diligence; They should fully utilize their informal powers in the investigation to avoid having impunity.
Research should immediately initiate knowledge of the facts and be carried out within a reasonable time. The momentum of research is its own legal duty, this burden should not fall on the initiative of the victim, their participation in the process or rely on his recantation. In case of withdrawal, it is up to the prosecutor to corroborate the reasons that promoted the decision of the victim, especially those related to the security, protection and possible situations of revictimization.
The prosecutor should have within their group of criminology researchers trained personnel in sexual offenses, with whom he will adapt the methodological research program according to the characteristics of each case and taking into account the ethnic, and socioeconomic etarias of the victim.
The actions carried out by judicial officers must always respect the dignity of victims of sexual violence and address their needs so that they do not constitute acts of victimization.
ITEM 18. RECOMMENDATIONS FOR JUDICIAL OFFICIALS IN THE TREATMENT OF TEST. Without prejudice to the principles of probation, presumption of innocence, judicial autonomy and other planned principles, inter alia, in article 7 of the Code of Criminal Procedure, in cases where crimes involving sexual violence are investigated, staff Judicial police, Legal Medicine, prosecution, prosecution, judiciary and will observe the following recommendations in the collection, practice and evaluation of evidence:
1. Consent can not be inferred from any word, gesture or conduct of the victim when this is not voluntary and free.
2. Consent can not be inferred from silence or lack of resistance of the victim to sexual violence.
3. The judge or magistrate shall not admit evidence that foster discrimination by religious, ethnic, ideological, political, or other reasons.
ITEM 19. RECOMMENDATIONS FOR CONDUCTING RESEARCH AND APPRAISAL OF EVIDENCE IN CASES OF SEXUAL VIOLENCE. Without prejudice to the principles of probation, the presumption of innocence and judicial and other autonomy provided principles, inter alia, in article 7 of the Code of Criminal Procedure, the competent officials may consider the following recommendations for driving research and evaluation of evidence in cases of sexual violence, without prejudice to the use of other criteria designed to ensure due diligence in the investigation and prosecution:
1. determining the occurrence of sexual fact the existence of physical violence is not condition test.
2. The absence of traces of sperm, fluids, DNA, or injury to the body of the victim, is not sufficient to conclude the non-occurrence of behavior reason.
3. The use of condoms by the alleged aggressor, not possible to infer the consent of the victim.
4. The discovery of the victim whole hymen is not sufficient to conclude the non-occurrence of behavior reason.
5. Attention will be paid to the context in which criminal acts and patterns that explain their commission, especially those occurring in the context of the armed conflict occurred. To this effect justice operators may turn to psychological or anthropological expert reports.
6. the testimony of the victim of sexual violence during armed conflict, especially when it is a child victim shall not be refused.
7. research techniques for obtaining high quality testing will be introduced not degrade the victim and minimize intrusion into their privacy.
8. Given the existence of a victim with diverse sexual orientation will be investigated in depth the events, without a priori qualify as crimes of passion or personal vendettas. Research should ensure the hypothesis of the existence of homophobic crime.
ARTICLE 20. COMPETITION. Crimes of sexual violence may not be investigated by the military criminal jurisdiction.
ARTICLE 21. TECHNICAL-LEGAL COMMITTEE OF THE GENERAL PROSECUTOR OF THE NATION FOR THE INVESTIGATION OF SEXUAL VIOLENCE. Créanse the Technical-Legal Research of Sexual Violence within the Attorney General's Office, as mechanisms for addressing cases strategic committees for their difficulty and most vulnerable of victims. This Committee will aim to perform the analysis, monitoring and definition of research techniques and strategies with gender perspective and differential. These committees will be activated if so provided the (the) Attorney General's Office, the (the) General Deputy Prosecutor or the Committee Prioritization of cases or situations, or the National Directorate of Public Prosecutions, or the Nations Units prosecution, or the directorates of prosecution, informally, as a measure of prioritization accompanied by other search not only ensure the effective progress of the investigation, but access to justice for victims. The realization of these committees may be requested by the victim, his legal representative, the Ombudsman or organization accompany the victim. Who make up the Committee must demonstrate experience and / or training against the protection of human rights of women, children and adolescents, gender and differential and psychosocial perspective. Recommendations and technical guidance provided by the Committee shall be addressed by the prosecutor in charge of the investigation and the staff performing judicial police and forensic investigation.
When the victim of sexual violence is also a victim of other criminal conduct related to the armed conflict, which are being investigated simultaneously and separately, the Committee may provide additional technical guidance so that all the special situation it is attend of the victim, and possible connectedness of sexual violence with the facts of the various investigations.
PARÁGRAFO. The Technical and Legal Committees for the Investigation of Sexual Violence within the Attorney General's Office will be operational within a maximum period of three months from the entry into force of this law.
ARTICLE 22. PROTECTION FOR ENSURING ACCESS TO JUSTICE FOR VICTIMS OF SEXUAL VIOLENCE. To protect the rights of victims of sexual violence during the armed conflict and ensure their access to justice and facilitate their participation in all stages of the process, the following rules shall apply:
1. the heightened vulnerability of victims of sexual violence during the armed conflict, the risk of new attacks that affect their personal safety and physical integrity, and the existence of disproportionate risks of sexual violence of Colombian women in armed conflict is presumed as provided in Order 092 of 2008 of the Constitutional Court. Consequently, the adoption of interim measures of protection that may apply, will not be subject to risk studies by any of the competent authorities.
2. In all cases, protection programs should incorporate a human rights approach to women, generational, ethnic, and brought into line with legislative progress, and the principles and norms of International Law of Human Rights and International Criminal Law.
3. In addition to protection measures set out in Articles 11, 12, 13, 17 and 18 of Law 1257 of 2008, and care measures provided for in Article 19 and 22 of the Act, shall be paid to victims of sexual violence ongoing psychosocial care, if they decide to accept the attention, to full emotional recovery.
4. Protective measures will always be extended to the household and dependents of the victim and those who defend the rights of the victim enter a risk.
5. When the protective measures taken in favor of women human rights defenders, their implementation must also contribute to the strengthening of their right to participation, organizational processes and their advocacy of human rights.
6. The application for protection with the competent authorities, a complaint before the fact of sexual violence. No officer shall coerce the victim to make a statement on the facts before we have a measure of protection and to ensure suitable conditions of security and confidence to make the complaint.
7. For this purpose, the Attorney General's Office, have a streamlined for victims to submit their application for protection before the formulation of the complaint mechanism, and adopt far more suitable temporary protection, based on a differentiated approach, and applying special and expeditious measures provided for in articles 17 and 18 of Law 1257 of 2008.
8. Once formulated the complaint, the prosecutor, the victim or his legal representative may apply to the Judge Warranty Control, the imposition of definitive protection for as long as necessary, under a differentiated approach, to ensure their safety, respect for their privacy, their participation in the judicial process and prevention of secondary victimization, in accordance with articles 17 and 18 of Law 1257 of 2008, and articles 11 and 134 of Act 906 of 2004. This decision it should be made in a maximum term of seventy-two (72) hours.
9. The protective measures adopted pursuant to Law 1257 of 2008, are not exclusive of other protective measures as appropriate in implementation of the Protection of Victims and Witnesses Unit of the Attorney General's Office, or Protection Program the Ministry of the Interior.
10. Access to protection programs for victims and witnesses of the Attorney General's Office; for victims of sexual violence during armed conflict, may not be subject to the effectiveness or usefulness of the participation of the victim, to collect evidence or to identify the perpetrator; it will be understood that the purpose of protection in these cases, corresponds to the generation of safe and sufficient confidence for the full exercise of the rights of the victim and to ensure their participation during the criminal proceedings.
CHAPTER V. HEALTH CARE.
ARTICLE 23. COMPREHENSIVE HEALTH CARE AND FREE. Victims of sexual violence are entitled to priority in the health sector, its attention will be given as a medical emergency, regardless of the time elapsed between the time of the attack and consultation time, and the existence of criminal charges. Comprehensive health care to any victim of sexual violence is free. All entities in the health system are in the power required to implement the Protocol and the Model of Integrated Health Care for Victims of Sexual Violence, which contain within the voluntary termination of pregnancy objection medical and counseling women to continue or terminate the pregnancy. Effective Jurisprudence
Matches ARTICLE 24.
psychosocial care for victims of sexual violence. The Social Security System in Health should have qualified professionals with specialized programs for psychosocial care for victims of sexual violence during the armed conflict.
Psychosocial care should be provided to the victim 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 repair incidents as one of the measures to order in rehabilitation. The psychosocial care provided prior to the incident repair can not be considered as a measure of reparation. Attention and reparation for victims of sexual violence under the special criminal justice and peace process will continue by the provisions of Law 975 of 2005, amended by Law 1592 of 2012.
the psychosocial care provided to victims of sexual violence should be given until the victim required and can not be restricted for economic reasons or for reasons of time.
Psychosocial care should be oriented to generate emotional conditions that favor the participation of victims in the process of claiming rights to truth, justice and reparation; and overcoming derivatives emotional impacts of sexual violence.
PARÁGRAFO TRANSIENT. Notwithstanding the provisions of Articles 47, 52, 53, 54, 137 and 138 of the 1448 Act 2011; Article 19 and 54 of Law 1438 of 2011, and Articles 13 and 19 of Law 1257 of 2008, and while not guaranteed personnel and adequate and appropriate remedies in the terms established in this article to access psychosocial care , victims of sexual violence may opt for the services provided by private organizations expert in the field. For this purpose, the Ministry of Health and entities territorial order under the principles of coordination, subsidiarity and competition, establish agreements with private or public organizations that certify their expertise in psychotherapeutic care with psychosocial perspective, through which it will supply the service to victims of sexual violence who so request, for the time necessary for their emotional recovery.
The psychosocial care provided by a private organization, will be an integral part of the medical history of the victim, it can not be ignored by the medical staff of the EPS or ARS to which is affiliated the victim.
reparation measures. Victims of sexual violence are entitled to full compensation. Judges must recognize and identify the direct and indirect victims, and identify damages, tangible and intangible, individual and collective, caused by acts of sexual violence, based on differential criteria of age, ethnicity, sexual orientation, identity or gender expression, disability status, condition of forced displacement, victims of armed conflict, membership of a social organization, leadership activity, among others.
Care and reparation for victims of sexual violence under the special criminal justice and peace process measures will be followed by the provisions of Law 975 of 2005, amended by Law 1592 of 2012.
repair will be designed to fully restore the rights violated.
The remedies should include restitution, compensation, satisfaction, rehabilitation and guarantees of non-repetition by the responsible for the crime.
ARTICLE 26. PARTICIPATION OF VICTIMS IN THE DEFINITION OF MEASURES REPAIR. In all procedures to establish remedial measures, will ensure that the victims or their legal representatives are heard in their claims about the remedies and advocate for the repair meets the characteristics of the case, as the context of conflict armed, the age of the victims, their conditions of vulnerability, and violence suffered. If the judge in his ruling departs from repair requests from the victim or their representatives must justify its decision, and in any case ensure full reparation.
Care and reparation for victims of sexual violence under the special criminal justice and peace process will continue by the provisions of Law 975 of 2005, amended by Law 1592 of 2012.
ARTICLE 27. PROCESSING SPECIAL RULES FOR INTEGRAL REPAIR OF INCIDENT IN CASES OF SEXUAL VIOLENCE ON THE OCCASION OF ARMED CONFLICT PROCEDURE UNDER THE LAW OF 2004. 906 cases of sexual violence during armed conflict, follow the following rules for the exercise and promotion of integral reparation incident:
1. If direct victim should not be located within the legal term provided to initiate the incident integral reparation, the prosecutor must apply for start within five (5) days following the expiration of the term provided in Article 102 of the Law 906 2004, as amended by Article 86 of Law 1395 of 2010. the prosecutor in charge shall send a copy of the request to start the Ombudsman to ensure that the victim is a suitable legal representative.
2. In the case of child victims, who lack legal representation, or whose representatives refrain from requesting the initiation of the incident the prosecutor must request their start within five (5) days following the expiration of the term provided in Article 102 Law 906 of 2004, as amended by Article 86 of Law 1395 of 2010. at the hearing called by the judge for the start of the incident, also they should be cited the prosecutor, the defender of family whose appointment You will be asked to ICBF, and the legal representative of victims designated by the Ombudsman.
3. At the public hearing under Article 103 of the Law 906 of 2004, as amended by Article 87 of Law 1395 of 2010, the court must examine whether the claims made sufficiently collect the criteria for full compensation and differential set out in Article 28 of this law. By verifying that the claims do not include such criteria, the judge inadmitirá the application and granted the legal representative of victims the opportunity within the same audience add to the request complementary measures.
4. At the public hearing governed by Article 103 of Law 906 of 2004, as amended by Article 87 of Law 1395 of 2010, the right enshrined in Article 8, paragraph k) of the Act 1257 of 2008 shall be guaranteed, especially when the judge gives the possibility to reconcile. The reconciliation shall be limited to compensation measures and not be subject to conciliation measures restitution, satisfaction, rehabilitation and guarantees of non-repetition.
5. The decision to end the incident integral reparation, the judge may include measures of compensation and restitution, satisfaction, rehabilitation and guarantees of non-repetition, that under the principle of full compensation, and according to the established facts be ordered even in the incident have not been explicitly invoked, but they can be inferred from the context in which the facts and according to criteria that are obvious differential occurred.
6. The statute of limitations provided for in Article 106 of Law 906 of 2004, as amended by Article 89 of Law 1395 of 2010, the term is extended by the sum of the periods specified in paragraphs 2 and 3 of this Article, where there is room to apply. PARAGRAPH 1.
. The prosecutor and legal representative of victims must act with due diligence to ensure full reparation to the victims it represents. The breach of this duty through remiss conduct in the application of the respective measures of compensation, restitution, satisfaction, rehabilitation and guarantees of non-repetition, or in the application and use of evidence, constitute an alleged lack of due diligence professional in accordance with the Disciplinary Code of Attorney. PARAGRAPH 2.
. The Ombudsman established selection criteria and implement specialized training programs and continuing for judicial representatives of victims, in order to ensure that this service is provided by qualified personnel with sufficient knowledge about the human rights of women, girls, children and adolescents, on the differential approach, and mechanisms to fully guarantee the rights of victims to access to justice, truth and full reparation.
ARTICLE 28. SPECIAL RULE FOR SETTLEMENT OF LOSSES IN CASES OF SEXUAL VIOLENCE ON THE OCCASION OF ARMED CONFLICT DEALT WITH THE ABOVE PROCEDURES UNDER THE LAW 906 2004. The decision to resolve the liquidated damages, the judge may include reparation measures under the principle of full compensation, and according to the facts proven be ordered even if not expressly invoked in the appropriate procedural moment, but can be inferred from the context in which the events occurred and according to differential criteria to become evident.
ARTICLE 29. Insert an the 2nd paragraph of Article 145 of the 1448 Act 2011 in the following terms:
(...) Paragraph 2o. As part of the development of the differential approach, the Center of Historical Memory presented in two (2) years the National Government, the Congress of the Republic, to the High Courts and the Attorney General's Office, a special report of character public about sexual violence during the armed conflict.
The report, which will have a national scope, will seek to establish the existence of patterns of occurrence of this type of behavior and describe the regional context in which they were developed, taking into account the social, economic, political and cultural causes that allowed the commission of such violence.
The methodology for preparing the report include documentation of cases of victims of sexual violence and the use of the systematization of information agreements for the truth established by Law 1424 of 2011, as well as free versions under Law 975 of 2005
ARTICLE 30. STRENGTHENING THE POLICY ON SEXUAL AND REPRODUCTIVE RIGHTS, SEXUAL AND REPRODUCTIVE HEALTH, FAIRNESS AND GENDER-BASED VIOLENCE. The Ministry of Defence, with contributions from the Attorney General's Office and the Ombudsman's Office will continue to strengthen its policy on sexual and reproductive rights, sexual and reproductive health, equity and gender-based violence, that aimed actions included to:
1. Provide that the upper echelons exercising concrete measures to prevent the commission of conduct of a sexual violence by his subordinates. The senior management must lead by example and should ensure that personnel under their supervision are aware that sexual violence is unacceptable for the institution, and that no such behavior be tolerated.
2. Strengthen the processes of formation of those who make up the security forces, as well as in the preparation of field missions. The senior management will emphasize the importance that the Ministry of Defence attaches to the elimination of sexual violence.
3. The creation of an effective outreach program to the local community to explain the Ministry's policy of zero tolerance against sexual violence, and establish effective mechanisms to enable people to make complaints in a confidential setting. The information campaign must make it clear that you reprisals against those who complain that not be tolerated.
4. The creation of a procedure for collecting information on complaints against members of the armed forces for allegedly committing sexual conduct involving violence, which is emphasized in monitoring the responses to these complaints.
5. Creating a protocol immediate reaction to the news of an act of sexual violence committed by one of its members, or in areas under their control to ensure consistent application of disciplinary procedures, and give immediate transfer the complaint to the ordinary courts for investigation.
UNIFIED SYSTEM ARTICLE 31. INFORMATION ON SEXUAL VIOLENCE. In accordance with the provisions of Article 9, paragraph 9 of Law 1257 of 2008 and the literal on the 3rd item k) of the National Decree 164 of 2010, the National Administrative Department of Statistics, in coordination with the Presidential High Council for Equality Women and the National Institute of Legal Medicine and Forensic Sciences, to advise the incorporation System Unified Cases of violence against Women Register provided for in these rules, a single component of information, which allows to know the dimension of sexual violence covered by this law, monitor risk factors thereof, and to provide supporting analysis to assess the measures taken in prevention, care and protection.
For structuring the only component of information will be articulated and unified, within one (1) year registration systems and information from the National Institute of Legal Medicine and Forensic Sciences, the Ministry of Defense, Prosecutor General's Office, the Judicial Branch, the Ministry of Health, the Service Institutions of Health, the Health Promotion Companies, the Attorney General's Office and the Ombudsman's Office, sexual violence, especially during the armed conflict.
Each entity involved is obliged to provide full cooperation, and provide the relevant information.
The only information system will notice cases of sexual violence reported by all entities specifying:
1. The place and date of occurrence of the events.
2. Characterization of the victims, specifying gender, age, ethnicity, sexual orientation, gender identity or gender expression, disability status condition of forced displacement, victims of armed conflict, membership of a social organization, leadership activity, among others.
3. Characterization of the alleged perpetrator specifying gender, age, membership of an armed group and their identification, relationship to the victim, among other differential criteria.
4. Prevention, care and protection measures.
5. Cases are known by the judicial authorities, if complaint has been lodged, provisional or final legal qualification stage of criminal proceedings and existence of rulings on criminal liability.
System Unified Case Registry Violence Against Women stated in the first paragraph should set parameters of transparency, security and privacy of victims and accessibility.
The information should be public and continuously updated through the website to determine the entity responsible for it, respecting the reservation on the identity of the victims.
ARTICLE 32. MONITORING COMMITTEE. The Monitoring Committee set up by Article 35 of Law 1257 of 2008, will have among its functions:
1. Assess compliance with the obligations of the institutions responsible for care; prevention, investigation, prosecution, punishment and reparation on sexual violence, especially during the armed conflict.
2. Track and identify obstacles in interagency coordination of care and access to justice for victims of sexual violence.
3. Issue appropriate recommendations regarding compliance of the obligations of the institutions involved in care, prevention, investigation, prosecution, punishment and reparation on sexual violence, especially during the armed conflict.
For the execution of these functions will adopt monitoring indicators to assess the level of compliance, the progress and impact of the measures of prevention, care, protection and access to justice for victims of sexual violence under this law . The information resulting from this monitoring work will be included in the annual report to Congress that the clause 2 of Article 35 of Law 1257 of 2008.
PARÁGRAFO concerns. The Monitoring Committee meetings held quarterly devoted to the assessment of the level of compliance with the obligations assigned to the various state institutions in this law, and monitoring of the problem of sexual violence, especially during the armed conflict. A quarterly which this article refers sessions will be permanent guests: one (1) delegate / to the Ministry of Justice and Law a / a (1) delegate / a Interior Ministry a / a (1 ) delegate / a Ministry of Health a / a (1) delegate / a Ministry of Defense, a / a (1) delegate / a of the Attorney General's Office, two (2) representatives to the House two (2) Senators, one (1) delegate of the Superior Council of the Judiciary, and three (3) representatives of victims of sexual violence in the armed conflict, the latter chosen by a defined mechanism exclusively for themselves. And as international observers may be invited: A / a (1) delegate / a of the Office of the High Commissioner of the United Nations Human Rights a / a (1) delegate / a of the United Nations High Commissioner for refugees (UNHCR) and a / a (1) delegate / a UN-Women.
ARTICLE 33. COMPREHENSIVE STRATEGY transitional justice. As part of a peace agreement, satisfaction of the rights to truth, justice and reparation for victims of sexual violence perpetrated during the armed conflict, will be done through a comprehensive strategy for transitional justice.
ARTICLE 34. All provisions of the 1652 Act of 2013 shall apply to the processes that take on development of the provisions of this law regarding underage victims.
For these cases, the government shall regulate in a period not exceeding 6 months after the adoption of this law, on the route of care, clinical, legal and recognition of occurrence of events, depending protection of the rights of child victims. To do this, you can define procedures and special instances.
ARTICLE 35. EFFECTIVE DATE. This law governs from its enactment and repeal all provisions that are contrary.
The President of the honorable Senate of the Republic, Juan Fernando Cristo
The Secretary General of the honorable Senate,
GREGORIO Eljach PACHECO.
The President of the honorable House of Representatives, HERNÁN
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO SERRANO MANTILLA.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and enforced.
Given in Bogotá, DC, 18 June 2014.
CALDERON JUAN MANUEL SANTOS Interior Minister,
Aurelio Iragorri Valencia.
The Minister of Justice and Law,
Alfonso Gomez Mendez.
The Minister of National Defence
JUAN CARLOS BUENO FINCH.
The Minister of Health and Social Protection, Alejandro Gaviria
The Director of the Administrative Department for Social Prosperity,
GABRIEL VALLEJO LOPEZ.