Law amendmending Law 975 of 2005 by enacting provisions for the reintegration of members of armed groups outside the law, which shall effectively contribute to the achievement of national peace, as well as other provisions for humanitarian agreements and other provisions, 2012
Ley 1592 de 2012 (diciembre 3) por medio de la cual se introducen modificaciones a la Ley 975 de 2005 "por la cual se dictan disposiciones para la reincorporación de miembros de grupos armados organizados al margen de la ley, que contribuyan de manera efectiva a la consecución de la paz nacional y se dictan otras dispocisiones para acuerdos humanitarios" y se dictan otras disposiciones
||Diario oficial, Año 148, no. 48.633, 3 de diciembre de 2012, p. 1-10; http://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=50829 (last accessed on 16 December 2013)
Law 1592, adopted on 3 December 2012, amends the Law No. 975 of 2005 on the demobilisation of illegal armed groups, otherwise known as the Justice and Peace Law. Among other modifications it also harmonises the latter with Law No. 1448 on the provision of attention, assistance and integral reparation to the victims of the internal armed conflict and other provisions that was adopted in 2011.
The Law broadens the definition of victims in the Justice and Peace Law by including family members of the direct victims that have suffered damage as a result of crimes committed by the illegal armed groups. It equally provides for differential approach and special protection of particularly vulnerable groups, notably women, children, elderly, indigenous communities, farmers, social leaders, Unions members, victims of forced displacement, disabled people or members of racial and ethnical minorities.
Furthermore, according to Law 1592, the aim of the justice and peace process should not only be to establish the truth about the facts under investigation, but more importantly to identify the ‘patterns of macro-criminality’ in actions of illegal armed groups and to ‘reveal the contexts, causes and the reasons for it’.
Another significant change is the inclusion of a notion of ‘prioritization of cases’. The Law mandates the Office of the Attorney General to determine the prioritization criteria for the exercise of criminal action, aiming at clarifying the macro-criminality pattern in the actions of the illegal armed groups, while concentrating research efforts on those bearing the greatest responsibility for the said actions.
The Law also provides grounds for termination of or withdrawal from the justice and peace process; for the exclusion from the list of the candidates for the justice and peace process; as well as for revocation of alternative sanction and legal benefits, e.g. when it is revealed that the beneficiary did not acknowledge all the crimes committed or did not hand to the authorities all the property acquired either by him/her or by the illegal armed group.
Lastly, the Law 1592 attributes primacy to the justice and peace system over the ordinary justice system, stipulating that ‘in cases of conflict of collision between jurisdictions of Higher Judicial District Courts having jurisdiction over the cases referred to in the present Law and any other judicial authority, jurisdiction of the Justice and Peace judiciary will always prevail’.