Соответствующая норма
Colombia
Practice Relating to Rule 150. Reparation
Colombia’s Justice and Peace Law (2005) states:
ARTICLE 4. RIGHT TO TRUTH, JUSTICE AND REPARATION, AND TO DUE PROCESS. The process of national reconciliation addressed by this law shall in any case promote the right of victims to truth, justice and reparation …
ARTICLE 42. GENERAL DUTY TO MAKE REPARATION. Members of armed groups who benefit from the provisions of this law have a duty to make reparation to the victims of the punishable conduct for which they were convicted by judicial decision.
Likewise, when it is not possible to identify the perpetrator, but it is proved that there was harm as well as a causal link to the activities of the armed group that benefits from the provisions of this law, the Tribunal … shall order the Reparation Fund to make reparation.
ARTICLE 54. VICTIMS’ REPARATION FUND. …
The Fund will be composed of all the assets or resources that are given to it under any title by those persons or illegal organized armed groups to which this law refers, as well as of resources from the national budget and from national or foreign donations in money or in kind. 
Colombia, Justice and Peace Law, 2005, Articles 4, 42 and 54.
The Law further states:
ARTICLE 1. AIM OF THIS LAW. This law aims to facilitate the peace process and the individual or collective reintegration into civilian life of members of armed groups outside the law, while guaranteeing the victims’ rights to truth, justice and reparation.
Organized armed groups outside the law are understood to mean guerilla or self-defence groups, or a significant and integral part of these groups, such as blocs, fronts or other forms of these organizations, as addressed in Law 728 of 2002 [which amends, inter alia, Article 8 of the 1997 Law on Judicial Cooperation to read, in its paragraph 1: “In accordance with international humanitarian law, and for the purposes of this law, armed groups outside the law are understood to mean those which, under responsible command, exercise such control over a part of the territory as to enable them to carry out sustained and concerted military operations.”].
ARTICLE 2. SCOPE, INTERPRETATION AND APPLICATION OF THE LAW. This law regulates the investigation, prosecution, punishment and judicial guarantees of individuals connected to organized armed groups outside the law who have been perpetrators of or participants in criminal offences committed during and on the occasion of their membership of these groups, and who have decided to demobilize and make a decisive contribution to national reconciliation. 
Colombia, Justice and Peace Law, 2005, Articles 1–2.
Colombia’s Decree on Reparation to Victims of Armed Groups (2008) states:
CONSIDERING: …
That according to paragraph 1 of Article 15 of Law 418 of 1997, modified and extended by Laws 548 of 1999, 782 of 2002 and 1106 of 2006 [Law on Judicial Cooperation, as amended] “victims of political violence are those persons belonging to the civilian population who suffer harm to their lives or serious deterioration of their personal integrity or their belongings due to terrorist attacks, fighting, kidnapping, attacks and massacres in the context of the internal armed conflict. Displaced persons are victims under the terms of article 1 of Law 387 of 1997”.
That Article 45, item 1, of Law 975 of 2005 [the Justice and Peace Law] states: “Victims of armed groups outside the law may obtain reparation through a claim to the Superior Tribunal of the High District Court … ”;
That Article 16, item 1, of Decree No. 3391 of 2006 states: “… Victims of crimes committed by members of organized armed groups outside the law, to whom Law 975 of 2005 is applicable, are entitled to reparation for the harm suffered …”;
That, in addition to the judicial reparation provided for in Law 975 of 2005, it is feasible that the State, in accordance with the principle of solidarity and the residual obligation to make reparation, can establish an administrative procedure for an early reparation to victims of organized armed groups outside the law, without prejudice to the obligation of perpetrators to make reparation and the State’s right of recourse against the latter;
That, in order to guarantee the right of victims to obtain reparation, several fundamental principles provided for in international instruments must be taken into account, namely:
Reparation must be sufficient, efficient, timely and proportionate to the gravity of the violation and to the nature of the harm suffered.
When the person responsible for a violation cannot or is not willing to comply with his/her obligations, States must make every effort to compensate the victim.
When the State has compensated a victim for a violation which is not attributable to it, the one who has committed [such violation] must compensate the State;
That the Constitutional Court stated, in Case C-370 of 2006: “Thus, the first parties to have the obligation to make reparation are the perpetrators of the offences; subsidiarily, the specific group of which the perpetrators were members, pursuant to the principle of solidarity. Before resorting to the resources of the State in order to make reparation to the victims, it is necessary to demand that the perpetrators of the offences, or the bloc or front of which they were members, respond with their own assets for the harm caused to the victims of their offences.” It stated also that: “The State’s role in this sequence is merely residual, so that it can assure the rights of victims, in particular those who do not have a judicial decision establishing the amount of compensation to which they are entitled (Article 42, item 2 of Law 975 of 2005), and in case the resources of the perpetrators are not sufficient” …
That … the present decree aims to contribute to present and future measures which help guarantee a policy of integral reparation to victims …
Article 1. Establishment of the programme. A Programme for Individual Reparation through Administrative Procedures to Victims of Organized Armed Groups Outside the Law is hereby established … This programme aims to provide a set of measures for individual reparation in favour of people who had their fundamental rights violated by organized armed groups outside the law prior to this decree being issued. 
Colombia, Decree on Reparation to Victims of Armed Groups, 2008, preamble and Article 1.
In 2006, in the Constitutional Case No. C-370/06, the Plenary Chamber of Colombia’s Constitutional Court was called upon to decide on the constitutionality of Colombia’s Justice and Peace Law (2005). Regarding responsibility to make reparation to victims of organized armed groups, the Court stated:
6.2.4.1.12. … [N]ational and international rules, doctrine and case law have considered that making economic reparation [to victims] with the assets of the perpetrator is one of the necessary conditions for guaranteeing the rights of the victims and promoting the fight against impunity. Only when the State is found to be responsible – by act or omission – or when the assets of the perpetrators are not sufficient to cover the costs of massive reparations, does the State assume subsidiary liability. This distribution of responsibility does not seem to be different in processes of transitional justice towards peace.
6.2.4.1.13. Indeed, in the context of a transition to peace, it could seem appropriate that a person responsible for offences who decided to participate in a negotiation process should keep part of his or her assets, so to allow him or her to live in dignity and to fully reintegrate into a democratic society and the Rule of Law. However, there is no constitutional basis for the State to completely exempt the civil liability of those who caused the harm for which reparation has to be made and to transfer to the national budget the totality of the reparation costs. Otherwise, it would result in a sort of amnesty for civil liability where citizens, who did not cause any harm and, on the contrary, were victims of the macrocriminal process in question, would end up assuming liability through the taxes they pay. The Court acknowledges that, due to the nature of the offences, it seems necessary that public resources contribute to the reparation, but only in a subsidiary way …
6.2.4.1.15. Finally, it is worth stating that, in any case, reparation cannot be absolutely subordinated to the political will of those who define the budget, because it is a right of the victims which must be satisfied, especially in the context of peace and reconciliation processes. Therefore, it is reasonable to conclude that a reduction in the penalties established by the legislation [within the context of the reconciliation process] should be accompanied by the adoption of other measures, such as the payment of compensation and the restitution of property, which can constitute a fair and adequate framework for achieving the objective pursued in a sustainable manner.
6.2.4.3.1.2. … Pursuant to Law 975 of 2005 [the Justice and Peace Law (2005)], the Social Solidarity Network, when liquidating and paying compensations ordered by the Judiciary according to the provisions established in this law, will be subjected to the limits established for reparation in the national budget. This implies that, due to this provision, it would be possible for a compensation acknowledged and ordered by a judge, which is a certain and concrete right for one or more victims, to be limited at the moment of its liquidation and payment by the Social Solidarity Network due to a lack of sufficient resources available in the national budget …
6.2.4.3.1.3. The Court considers that this limitation is disproportionate and excessively impacts the right of the victims to reparation. …
6.2.4.3.1.4. Additionally, the duty to make reparation lies with the person responsible for the offence that caused the harm. Therefore, the national general budget should not be the only source of resources to fund the payment of judicially ordered compensations.
6.2.4.3.1.5. This does not mean that the availability of public resources is irrelevant or that the National Commission for Reconciliation and Reparations should lose its power to establish the criteria for the distribution of the resources assigned to reparations … The point is that a right which is certain cannot be disregarded due to the [lack of] available resources … The budgetary limitations justify measures of equitable and temporary distribution of scarce resources but not to disregard a judicially recognised right, which is different from the situation of someone who does not have a specific judicial decision in his or her favour establishing the amount of compensation he or she is entitled to.
6.2.4.3.1.6. In view of the foregoing … the expression “within the limits authorized by the national budget” in item 5[5].1 of article 55 is declared non-enforceable.
6.2.4.4.11. Article 54 … provides that the Victims’ Reparation Fund shall be composed of all assets or resources which are given to it at any title by those persons or illegal organized armed groups addressed by the legislation, as well as by resources from the national budget and by national or foreign donations in money or in kind. In order to comply with the principle of reparation, the allocation of resources which compose the fund must follow an order. Thus, the first ones who are obliged to make reparation are the perpetrators of the offences; and subsidiarily the specific group to which the perpetrators were members, due to the principle of solidarity. Before resorting to the resources of the State in order to make reparation to victims, it is necessary to demand that the perpetrators of the offences, or the bloc or front to which they were members, respond with their own assets for the damage caused to the victims of the offences. The State takes part in this sequence only with a residual role, in order to assure the rights of the victims, in particular those who do not have a judicial decision establishing the amount of compensation he or she is entitled to (article 42, item II, of Law 975 of 2005) and in case the resources of the perpetrators are not sufficient.  
Colombia, Constitutional Court, Constitutional Case No. C-370/06, Judgment, 18 May 2006, §§ 6.2.4.1.12, 6.2.4.1.13, 6.2.4.1.15, 6.2.4.3.1.2–6.2.4.3.1.6 and 6.2.4.4.11.
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
At the international level, the State obligation to respect and ensure respect for international humanitarian law is found in Article 1 common to the 1949 Geneva Conventions and has acquired customary status.
[T]he general obligation to respect and ensure respect for international humanitarian law is the foundation for a number of more specific duties such as … the duty to … provide reparations for war crimes, crimes against humanity and genocide committed during internal armed conflicts. 
Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment of 25 April 2007, p. 61.
In 2010, in the Diego Vecino and Juancho Dique case, the Justice and Peace Chamber of Colombia’s High District Court of Bogotá convicted two members of the paramilitary group Autodefensas Unidas de Colombia (United Self-Defence Forces of Colombia) of several crimes committed against the civilian population. The Court stated:
175. The award of full reparations to the victims is one of the pillars on which the [2005] Justice and Peace Law was built …
196. … Decree 1290 of April 2008 [Decree on Reparation to Victims of Armed Groups] … created the Programme for Individual Reparation through Administrative Procedures to Victims of Organized Armed Groups Outside the Law as “one of the components of the National Plan for Reparations that the National Commission for Reconciliation and Reparations has been formulating and, therefore, represents the beginning of the process towards making full reparation to the victims”.
197. As set out in the preamble to the aforementioned Decree, this Programme does not exclude judicial reparation to the victims, as provided for in Law 975 [2005 Justice and Peace Law], which is dealt with by the High District Court and through which measures of restitution, compensation, rehabilitation and guarantees of non-repetition are adopted. It is a programme establishing “an administrative procedure for early reparation to victims of organized armed groups outside the law, without prejudice to the obligation of perpetrators to make reparation and the State’s right of recourse against the latter”.
330. Comparative law and international law reveal that most programmes for reparation for international crimes (genocide, crimes against humanity and war crimes) of massive and systematic nature are twofold: individual and collective.
333. Law 975 establishes a mixed system, which, on the one hand, refers to the right of the victims to full reparation … On the other hand, article 49 refers to the so-called “Collective Reparations Programmes”[.] 
Colombia, High District Court of Bogotá, Diego Vecino and Juancho Dique case, Judgment, 29 June 2010, §§ 175, 196–197, 330 and 333.
[footnote in original omitted]
Regarding the State’s obligation to make reparation to the victims through the use of public and private resources, the Court stated:
VIII.6. Funding of the measures for individual and collective reparation adopted in the present decision:
243. According to article 55 of Law 975 of 2005, the Social Solidarity Network … will be responsible for settling and paying judicially ordered compensation in application of this law, according to the budget allocated for this purpose.
244. These settlements and payments will be made through the Victims’ Reparation Fund established according to article 54 of Law 975, which, as provided for in item II of this article, is composed of:
a. Assets or resources which are given [to the fund] under any title by those persons or illegal organized armed groups to which this law refers;
b. Resources from the national budget;
c. National or foreign donations in money or in kind.
247. … [T]he model for financing the reparation programmes adopted in Law 975 is a mixed model, which combines (i) a dedicated portion from the national budget and (ii) an extra-budgetary portion composed of two different sources: resources from illegal organized armed groups or their members on the one hand, and national and foreign donations on the other.
VIII.7. Content and priority of the extra-budgetary portion of the Fund regarding the assets and resources provided by those persons or illegal organized armed groups addressed by Law 975
VIII.7.3. Principle of preferential use of the extra-budgetary portion of the Fund in the enforcement of judicial reparation, regarding the assets and resources provided by those persons and illegal armed groups to which the Justice and Peace Law refers
254. In Constitutional Case No. C-370 of 2006, the Constitutional Court declared the non-enforceability of the final part of item I of article 55 [of the Justice and Peace Law], which subjected the settlement and payment of judicial compensation to the “limits authorized by the national budget”, because this could give rise to situations in which “a compensation acknowledged and ordered by a judge, which is a defined right for one or more victims, could be limited at the time of its liquidation and payment by the Social Solidarity Network because of the lack of sufficient resources available in the national budget” …
256. Furthermore, Law 975 not only establishes a mixed system but also provides for judicial reparations that are ordered pursuant to this law to be enforced with priority through that extra-budgetary portion of the Reparation Fund composed of the assets or resources provided by the persons or illegal armed groups to which this law refers. This was decided by the Constitutional Court in its case C-370:
259. … Before resorting to the resources of the State to make reparation to the victims, it is necessary to demand that the perpetrators of the offences, or the bloc or front to which they belong, respond with their own assets for the harm caused to the victims of the offences. The State’s role in this sequence is merelyresidual, so that it can assure the rights of the victims …
272. This Chamber notes that finding all the lawful assets of the defendants, in addition to their illegal assets, and issuing precautionary measures is no easy task (although the demobilized [members of illegal armed groups] are only obliged to provide [for the purpose of the demobilization process] those assets that were obtained through their illegal activity, the Prosecution must request that the Judges of Guarantees issue precautionary measures regarding all the lawful assets of the defendants where this appears to be necessary to guarantee the enforcement of future reparation measures addressed to the victims). In this respect, the Constitutional Court has underlined that the organized armed groups referred to in Law 975 and their leaders “compose complex structures and organizations”, and therefore “the assets unlawfully obtained have been hidden or transferred, in good faith, to nominal heads or even to third parties, through whom the assets are ‘laundered’”. Likewise, the Constitutional Court notes that one of the most important factors for measuring the success of the enforcement of the Justice and Peace Law (2005) is the identification, freezing and seizure of the assets of persons and armed groups to which the legislation refers, as well as the preferential use of these assets for making full reparation to the victims through judicial proceedings. 
Colombia, High District Court of Bogotá, Diego Vecino and Juancho Dique case, Judgment, 29 June 2010, §§ 243–244, 247, 254, 256, 259 and 272.
Regarding the allocation of public resources for reparation to victims of organized armed groups and the responsibility of legal persons for the crimes committed by such groups, the Court stated:
245. … [T]he 2008 report of the Office of the United Nations High Commissioner for Human Rights on the “Rule-of-Law Tools for Post-Conflict States: Reparations Programmes” distinguishes two models for the financing of reparation programmes:
246. Broadly speaking, there are two main models for the financing of reparations: creating special trust funds or introducing a dedicated line in the yearly national budget. Countries that have experimented with the first model have, so far, fared significantly worse than countries that have used the second. This may have to do with political commitment. Nothing illustrates commitment more clearly than willingness to create a dedicated budget line. The expectation underlying the creation of trust funds that it will be possible to find alternative sources of funding for reparations may demonstrate weak political commitment or, indeed, weaken the resolve that exists – emphasizing, yet again, that although socio-economic development is important, so are political factors.
311. … The Office of the United Nations High Commissioner, in its 2008 report … , in the same way as the Truth and Reconciliation Commission in South Africa had done in the past, suggested that a fundamental element of the budgetary portion of the reparation programmes for massive and systematic violations of human rights should be the establishment of “special taxes” targeting those legal persons and economic groups that may have benefited from the illicit activity of the armed groups to which Law 975 refers.
313. … [F]ollowing the Colombian penal tradition, according to which there is no criminal responsibility of legal persons, the Chamber considers that it would be appropriate to impose a special tax on these societies, companies, etc. that, according to the accounts presented by the demobilized members of these groups or their voluntary declarations, fund or promote those armed groups referred to in Law 975. …
314. The adoption of this mechanism would mean that, once the assets of all those persons convicted of conspiracy to commit a crime in relation to the activities that caused the harm conducted by the armed groups to which Law 975 refers has been provided, the cost of that part of the reparation programme for victims that could not be financed from its own resources would be transferred largely and preferentially to the legal entities that financed and/or promoted the unlawful activities of the armed groups. This would minimize the indiscriminate transfer of reparation costs to all citizens, and therefore would be in conformity with the principles stated by the Constitutional Court in its decision C-370.
315. For this reason, despite not being competent to do so, the Chamber considers it important to recommend to the Congress of the Republic that it carefully consider establishing special taxes directed at funding, at least partially, the budgetary portion of the Victims’ Reparation Fund. 
Colombia, High District Court of Bogotá, Diego Vecino and Juancho Dique case, Judgment, 29 June 2010, §§ 245–246, 311 and 313–315.
In 2010, in the Constitutional Case No. C-936/10, Colombia’s Constitutional Court stated:
Colombian constitutional case law has incorporated into the domestic order the international standards established by human rights systems regarding the rights of victims of serious violations of human rights and grave breaches of international humanitarian law … In this sense, it has been understood that victims’ rights include the right to truth, the right to justice in the specific case, in other words the right to avoid impunity, and the right to integral reparation for the harm suffered by the victims and those affected by the crime. 
Colombia, Constitutional Court, Constitutional Case No. C-936/10, Judgment, 23 November 2010, p. 70.
In 2010, in the El Iguano case, the Justice and Peace Chamber of Colombia’s High District Court of Bogotá convicted a member of the paramilitary group Autodefensas Unidas de Colombia (United Self-Defence Forces of Colombia) of several crimes committed against the civilian population. Regarding the State’s obligation to make full reparation to victims of organized armed groups, the Court stated:
363. Principle 33 of the [UN] Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity … states that: “Any human rights violation gives rise to a right to reparation on the part of the victim or his or her beneficiaries, implying a duty on the part of the State to make reparation and the possibility for the victim to seek redress from the perpetrator”. According to principle 36: “The right to reparation shall cover all injuries suffered by the victims … ”.
364. Likewise, the Inter-American Court of Human Rights stated that article 63(1) of the [1969] American Convention on Human Rights guarantees the right to full reparation by those harmed by one of these violations. It stated also that this provision reflects one of the fundamental principles of general international law and that, for this reason, the reparation is governed, as has been universally accepted, by international law in all its aspects: scope, nature, forms and the determination of beneficiaries, none of which the respondent State may alter by invoking its domestic law. The Court stated also that full reparation implies all measures which lead to erasing the effects of the violations committed.
365. In the same sense, Law 975 of 2005 [2005 Justice and Peace Law] provides for reparation as one of its principles (article 4) and as a right of the victims (article 8) …
366. Finally, article 75 of the [1998] Rome Statute states that: “The Court shall establish principles relating to reparations to, or in respect of, victims … ”.
389. The right of all victims to claim, within the criminal proceedings, reparation for the harm suffered must be interpreted in accordance with the “constitutional block”, composed of the human rights treaties and international conventions ratified by Colombia, in view of article 93 of the [1991] Constitution. This indicates the great importance, within international law and our constitutional order, of the rights of the victims of grave violations of international humanitarian law and humanity in general. Thus, this right should be interpreted broadly. 
Colombia, High District Court of Bogotá, El Iguano case, Judgment, 2 December 2010, §§ 363–366 and 389.
[footnotes in original omitted]
Regarding the public and private resources available for the State to make reparation to victims of organized armed groups, the Court stated:
376. With regard to individual reparation, the Constitutional Court, when assessing the constitutionality of article 54 of Law 975 of 2005, stated the following:
377. Article 54 under scrutiny provides that the Victims’ Reparation Fund shall be composed of all assets or resources which are given to it under any title by those persons or illegal organized armed groups to which the legislation refers, as well as of resources from the national budget and from national or foreign donations in money or in kind. In order to comply with the principle of reparation, the allocation of resources that comprise the fund must follow an order. Thus, the first parties who are obliged to make reparation are the perpetrators of the offences; and subsidiarily, the specific group of which the perpetrators were members, pursuant to the principle of solidarity. Before resorting to the resources of the State to make reparation to the victims, it is necessary to demand that the perpetrators of the offences, or the bloc or front of which they were members, respond with their own assets for the harm caused to the victims of the offences. The State’s role in this sequence is merely residual, so that it can assure the rights of the victims, in particular those who do not have a judicial decision establishing the amount of compensation to which they are entitled (article 42, item 2, of Law 975 of 2005), and in case the resources of the perpetrators are not sufficient. (emphasis added)
378. Therefore, according to the law, the State’s budget shall contributed to the Reparation Fund when the assets of the perpetrator or the bloc are not sufficient to make reparation.
399. Article 55 of Law 975 of 2005 states that the Social Solidarity Network, through the [Reparation] Fund, will be in charge of paying judicial compensation according to the allocated budget.
400. On the other hand, article 54 states that the resources of the fund will be composed of:
- All the assets or resources which are given to it … by those persons or illegal organized armed groups to which this law refers.
- Resources from the national budget.
- National or foreign donations in money or in kind.
401. It is also important to take into account the 2008 report of the Office of the United Nations High Commissioner for Human Rights on the “Rule-of-Law Tools for Post-Conflict States: Reparations Programmes”, which distinguishes two funding models for reparation programmes: (i) a dedicated portion from the national budget and (ii) an extra-budgetary portion composed of two different sources: resources from illegal organized armed groups or [their members] on the one hand, and national and foreign donations on the other. 
Colombia, High District Court of Bogotá, El Iguano case, Judgment, 2 December 2010, §§ 376–378 and 399–401.
[footnotes in original omitted; emphasis in original]
Regarding the State’s obligation to make collective reparation to victims of organized armed groups, the Court stated:
[W]ith regard to collective reparation, article 49 of the Justice and Peace Law provides for the State’s obligation to implement institutional programmes for collective reparation, which involves actions directed at restoring the institutions of the social rule of law, in particular in those areas most affected by violence. Therefore, the institutions of the State have this legal obligation … because only with participation by the State it is possible to recover the institutions [of the social rule of law] and to guarantee to the victims the protection to which they are entitled. 
Colombia, High District Court of Bogotá, El Iguano case, Judgment, 2 December 2010, § 375.
Regarding the allocation of public resources for reparation to victims of organized armed groups and the responsibility of legal persons for the crimes committed by such groups, the Court stated:
Finally, with regard to the funding [of reparation measures], the Chamber reiterates what was said in the judgement in Diego Vecino and Juancho Dique case … :
1. To recommend the Parliament of the Republic to carefully consider establishing a special tax targeting those legal persons and companies which have contributed to funding those armed groups referred to in Law 975 of 2005 according to the accounts presented by demobilized members. 
Colombia, High District Court of Bogotá, El Iguano case, Judgment, 2 December 2010, § 417.
[footnote in original omitted]
In 2006, Colombia’s National Council for Social and Economic Policy approved the Policy for Combating Impunity for Human Rights Violations and Breaches of International Humanitarian Law by Strengthening the Capacity of the Colombian State for Investigation, Prosecution and Punishment. The Policy states:
This policy … aims to fight impunity by overcoming the obstacles that hinder clarification of cases of human rights violations and breaches of international humanitarian law, punishment of the persons responsible and reparation to the victims. 
Colombia, National Planning Department, National Council for Social and Economic Policy, Policy for Combating Impunity for Human Rights Violations and Breaches of International Humanitarian Law by Strengthening the Capacity of the Colombian State for Investigation, Prosecution and Punishment, CONPES Document No. 3411 of 2006, 6 March 2006, p. 2.
[footnote in original omitted]
In 2008, in its fourth periodic report to the Committee against Torture, Colombia stated:
57. Act No. 975 of 2005 (the Justice and peace act) was adopted in the period under review, with a view to achieving peace on a national scale. …
58. The act in question and its implementing regulations are part of the transitional justice system adopted by Colombia and comprising the Constitution and the laws of the Republic, in conformity with international standards.
59. The above provisions aim at facilitating the peace process and the individual and collective reintegration of paramilitary armed group members into civilian life, with guarantees for the victims’ rights to truth, justice and redress.
354. The policy of combating impunity, formulated through coordination between the executive and the investigation, control and law-enforcement agencies, comprises short-, medium- and long-term measures aimed at resolutely, comprehensively and consistently ensuring truth, justice and compensation in cases of human rights and IHL violations. 
Colombia, Fourth periodic report to the Committee against Torture, 21 February 2008, UN Doc. CAT/C/COL/4, submitted on 21 January 2008, §§ 57–59 and 354, see also § 111.
In 2008, in its initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, Colombia stated:
112. … The protection of children’s rights, including their right to be protected against recruitment and use by illegal armed groups, is the obligation of the State as a whole. When this right is violated, it is the State’s duty to ensure the restoration of their rights, … full reparation as victims of the offence of illegal recruitment …
117. … Reparation for child victims of violence. Objective: Promoting the reporting of cases of recruitment and reparation for victims. This work has been undertaken by the technical secretariat of the Intersectoral Commission and Fundación Social with financial support from IOM [International Organization for Migration] and expert assistance from the technical secretariat. The aim is to develop a component on full reparation and reconciliation as part of the ICBF [Colombian Family Welfare Institute] special care programme for demobilized children. This programme seeks to prepare adolescents to work with their family and the community to achieve genuine reconciliation, to become reintegrated into society and thus to avoid becoming victims again, once they have completed the special care programme.
118. The National Reparations and Reconciliation Commission and the Intersectoral Commission were actively involved in drafting Decree No. 1290 of 2008, which established the Individual Programme of Administrative Remedies for Victims of Illegal Armed Groups. Illegal recruitment is included in this decree as an act giving rise to the right to administrative reparations, without prejudice to any judicial remedies which victims might seek. 
Colombia, Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 21 October 2009, UN Doc. CRC/C/OPAC/COL/1, submitted 24 September 2008, §§ 112 and 117–118.
In 2008, in its sixth periodic report to the Human Rights Committee, Colombia stated:
183. Another important development is [the Justice and Peace Law (2005)], which contains provisions for the reintegration of members of organized armed groups outside the law who effectively contribute to achieving national peace, and other provisions for humanitarian agreements. After an extensive process of consultations and discussion, which lasted at least two years, with the participation of the national and international community, the Congress adopted this instrument proposed by the national Government, whose aim is to provide a framework that makes viable the individual or collective reintegration of members of organized armed groups operating outside the law who effectively contribute to the attainment of national peace, including guerrillas and paramilitaries, in keeping with the rights of victims to truth, justice and reparations.
184. This body of law … for the first time recognizes in law the right of victims to know the truth and reiterates the recognition of their rights to justice and full reparations. …
226. With regard to reparations to victims, demobilized individuals have[,] to date[,] handed over 4,619 items of property to the reparations fund. Similarly, the Government issued [the Decree on Reparation to Victims of Armed Groups (2008)], by which it created the Programme of Individual Reparations through Administrative Channels (parallel to reparations through the courts), which plans an investment of 7 billion pesos (US$ 3,668,820,788) over the next three years. This decree is applicable in cases of crimes including murder, forced disappearance and kidnapping, among others.
227. Thanks to financial and technical support from IOM[ – ]USAID [International Organization for Migration – United States Agency for International Development], a project has been implemented for specialist legal advice to ensure the effective participation of victims and the full realization of their rights to truth, justice and reparations.
236. Victim Reparations Programme. In parallel with the demobilization of organized armed groups outside the law, the Government has focused its attention on the victims of violence and has designed an administrative reparations programme … Reparations are based on the principle of solidarity and involve an historic investment, unprecedented in the world, of approximately 7 billion pesos.
237. It should be noted that the programme is not at odds with the compensation which persons found criminally liable must make to victims following a court ruling.
III. Challenges
676. In the framework of peace and justice the State must continue working … on striving for complete redress[,] both individual and collective. 
Colombia, Sixth periodic report to the Human Rights Committee, 2 June 2009, UN Doc. CCPR/C/COL/6, submitted 10 December 2008, §§ 183–184, 226–227, 236–237 and 676.
[footnote in original omitted]
In 2009, Colombia’s National Council for Social and Economic Policy approved a policy for the Consolidation of Mechanisms for the Tracing and Identification of Disappeared Persons in Colombia. The policy states:
I. INTRODUCTION
Colombia has made significant progress in … [making] full reparation to victims of violence through justice and peace proceedings, ordinary criminal proceedings and administrative proceedings. …
This document submits for consideration by the National Council for Social and Economic Policy the short[-], medium[-] and long-term actions to be taken by the Colombian State and required to consolidate the mechanisms for the tracing and full identification of persons who disappeared as a consequence of the violence in the country and for the return of mortal remains to their relatives. …
This consolidation constitutes a constitutional obligation of the Colombian State. Respecting and realizing this are conditions sine qua non for the effective enjoyment of the rights to truth, justice and reparation by the victims of violence in Colombia, and for making the pacification and national reconciliation project viable.
Effective mechanisms for the search [for] and identification of the disappeared constitute, together with strategies for the prevention [of enforced disappearance], the determination of the truth, the imposition of sanctions against those responsible and the full reparation … the minimum mandatory response to be given to the victims (the direct victims and their families) and to []society. …
II. BACKGROUND
A. Legal Background
[T]he instruments providing for the obligation of the Colombian State regarding the search [for] and identification of disappeared persons … should be taken into account, as well as … the mechanisms guaranteeing the right of the victims to … reparation.
Domestic instruments or standards
Law No. 975 of 2005 [Justice and Peace Law]
Subject or highlighted aspects
It provides for and defines the right of the victims to truth, justice and reparations. …
V. OBJECTIVES
The consolidation strategies defined here aim at increasing the effectiveness of the tracing[,] identification and delivery mechanisms of persons [who] disappeared as a consequence of the violence. …
It is important to highlight that it is of primary interest to deliver, through the achievement of this objective, the effective enjoyment of the right of the victims of disappearance to truth, justice and especially reparation. 
Colombia, National Planning Department, National Council for Social and Economic Policy, Consolidation of Mechanisms for the Tracing and Identification of Disappeared Persons in Colombia, CONPES Document No. 3590, 1 June 2009, pp. 1, 2, 4, 8, 57 and 58.
[footnotes in original omitted; emphasis in original]
The policy also states:
The disappearance of a family member, and thus the lack of knowledge of their fate and whereabouts, has psychological, economic, social and legal consequences that extend even to the communities and affect their ability to face the past and take part in a lasting peace and reconciliation process. These disappearances are usually associated with violations of human rights and international humanitarian law[.] 
Colombia, National Planning Department, National Council for Social and Economic Policy, Consolidation of Mechanisms for the Tracing and Identification of Disappeared Persons in Colombia, CONPES Document No. 3590, 1 June 2009, pp. 33–34.
Colombia’s Basic Military Manual (1995), after mentioning the possibility of taking political, economic and legal sanctions against a State whose agents or civil servants have committed violations of international law, provides: “For the States and their governments, the sanctions entail high costs which represent compensations”. After discussing the responsibility of individual members of the armed forces who have committed violations of international law, the manual states: “Furthermore, apart from the individual sanctions, the nation can be sentenced, by its highest tribunals, to compensate for the damages and prejudices caused to individuals by arbitrary and illegal conduct of its authorities.” 
Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, p. 36.
Colombia’s Decree on Reparation to Victims of Armed Groups (2008) states:
CONSIDERING: …
That Article 8 of Law 975 [Justice and Peace Law (2005)] states: “The right of victims to obtain reparation includes actions of … compensation … ”
That according to paragraph 1 of Article 15 of Law 418 of 1997, modified and extended by Laws 548 of 1999, 782 of 2002 and 1106 of 2006 [Law on Judicial Cooperation, as amended], “victims of political violence are those persons belonging to the civilian population who suffer harm to their lives or serious deterioration of their personal integrity or their belongings due to terrorist attacks, fighting, kidnapping, attacks and massacres in the context of the internal armed conflict. Displaced persons are victims under the terms of article 1 of Law 387 of 1997”.
That, in addition to the judicial reparation provided for in Law 975 of 2005, it is feasible that the State, in accordance with the principle of solidarity and the residual obligation to make reparation, can establish an administrative procedure for early reparation to victims of organized armed groups outside the law, without prejudice to the obligation of perpetrators to make reparation and the State’s right of recourse against the latter;
Article 1. Establishment of the programme. A Programme for Individual Reparation through Administrative Procedures to Victims of Organized Armed Groups Outside the Law is hereby established … This programme aims to provide a set of measures for individual reparation in favour of people who had their fundamental rights violated by organized armed groups outside the law prior to this decree being issued.
Article 4. Types of administrative reparation measures. For the purposes of the present programme, the Committee for Administrative Reparation shall grant the execution, on a case-by-case basis, of the following reparation measures: … compensation.
Article 5.Compensation. The State shall recognize and pay sums of money, directly to the victims or to the beneficiaries mentioned in this decree, as … compensation, according to the fundamental rights violated. 
Colombia, Decree on Reparation to Victims of Armed Groups, 2008, preamble and Articles 1 and 4–5.
In 2010, in the Diego Vecino and Juancho Dique case, the Justice and Peace Chamber of Colombia’s High District Court of Bogotá convicted two members of the paramilitary group Autodefensas Unidas de Colombia (United Self-Defence Forces of Colombia) of several crimes committed against the civilian population. The Court stated:
The award of full reparations to the victims is one of the pillars on which the [2005] Justice and Peace Law was built, which has “a double dimension (individual and collective), and in the individual level it involves measures of … compensation … ”[.] 
Colombia, High District Court of Bogotá, Diego Vecino and Juancho Dique case, Judgment, 29 June 2010, § 175.
The Court set the following criteria for calculating the amount due to the victims as compensation:
343. The Chamber notes the impossibility of assessing the material and immaterial harm caused according to the ordinary rules of evidence, owing to: (i) the number of victims, (ii) the massive scale of violations of human rights and international humanitarian law, and (iii) the fact that, in the case of forcibly displaced persons, they had to flee suddenly and were not able to take with them any documents regarding their ownership of the assets they had to leave behind …
344. In view of this, it is necessary to establish a reparation system based on the concept of equity, following the practice of the Inter-American Court of Human Rights in the cases related to the massacres in Pueblo Bello and Ituango, in which Colombia was recently found liable in relation to the crimes of murder and forced displacement committed by paramilitary groups in rural zones.
349. … [T]he Chamber notes that the case law of the Inter-American Court of Human Rights has not established a concrete standard for the calculation of the amount [of compensation] for crimes of forced displacement. Therefore, it is necessary to resort to the practice of the Colombian Council of State …
351. With regard to kidnappings, and considering the lack of precedent in the quantification of the compensation, the Chamber equitably establishes an average between the compensation provided administratively and the one provided by the Inter-American Court of Human Rights for the crime of murder …
355. However, the Chamber highlights that the upfront compensation received by the victims through administrative procedures shall be deducted from the amounts [judicially established as compensation to the victims]. 
Colombia, High District Court of Bogotá, Diego Vecino and Juancho Dique case, Judgment, 29 June 2010, §§ 343–344, 349, 351 and 355.
In 2010, in the El Iguano case, the Justice and Peace Chamber of Colombia’s High District Court of Bogotá convicted a member of the paramilitary group Autodefensas Unidas de Colombia (United Self-Defence Forces of Colombia) of several crimes committed against the civilian population. Regarding the victims’ rights to compensation, the Court stated:
363. Principle of the [UN] Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity … states that: “Any human rights violation gives rise to a right to reparation on the part of the victim or his or her beneficiaries, implying a duty on the part of the State to make reparation and the possibility for the victim to seek redress from the perpetrator”. According to principle 36: “The right to reparation shall cover all injuries suffered by the victim; it shall include … individual measures concerning the right to … compensation … ”.
365. In the same sense, Law 975 of 2005 [2005 Justice and Peace Law] provides for reparation as one of its principles (article 4) and as a right of the victims (article 8); which, in the victim’s individual perspective, includes measures for: … ii) compensation …
366. Finally, article 75 of the [1998] Rome Statute states that: “The Court shall establish principles relating to reparations to, or in respect of, victims, including … compensation … ”. 
Colombia, High District Court of Bogotá, El Iguano case, Judgment, 2 December 2010, §§ 363 and 365–366.
Regarding the criteria for assessing the amount of compensation to be paid to the victims, the Court stated:
394. In order to determine the individual and collective reparation due to the victims of the [accused], the same arguments on which the judgement in the case of Diego Vecino and Juancho Dique was based will be considered. Thus, the principle of equity will be applied, following the practice of the Inter-American Court of Human Rights in the cases of the massacres in Pueblo Bello e Ituango, as well as article 230(2) of the [1991] Constitution.
440. It has been made clear that the acts attributed to the [accused] caused material and immaterial harm to the victims, who therefore have the right to claim damages. Consequently, the Chamber is tasked with identifing and settling them, something that cannot be undertaken according to the ordinary evidentiary rules, for various reasons, including: (i) the number of victims; (ii) the massive scale of violations of human rights and international humanitarian law.
441. In view of this situation, it is necessary to establish a reparation system based on the principle of equity, recognized as an auxiliary criterion for the judicial activity in article 230(2) of the Constitution and applied by the Inter-American Court of Human Rights in the cases of the massacres in Pueblo Bello and Ituango, where Colombia was found guilty of the murders and forced disappearances committed by paramilitary groups in rural areas.
444. … [T]he Chamber shall start from the amount attributed to the most serious crime, which is certainly the crime of murder of a protected person. …
447. When determining the [amount of compensation] in cases of the crime of forced displacement, the Chamber notes that the case law of the Inter-American Court of Human Rights has not established a concrete standard for the calculation of this amount … Therefore, it is necessary to resort to the practice of the Colombian Council of State …
449. With regard to kidnappings, and considering the lack of precedent in the quantification of the compensation, the Chamber equitably establishes an average between the compensation provided administratively and [the one provided] by the Inter-American Court of Human Rights for the crime of murder …
450. Finally, the Chamber finds that, in a case where one person was the victim of several crimes, the compensation due to this person and or to his or her family will be calculated taking into account the amount corresponding to the most serious crime. 
Colombia, High District Court of Bogotá, El Iguano case, Judgment, 2 December 2010, §§ 394, 440–441, 444, 447 and 449–450.
Colombia’s Justice and Peace Law (2005) states:
ARTICLE 8. RIGHT TO REPARATION. The right of the victims to reparation includes … restitution, rehabilitation, satisfaction and guarantees of non-repetition of the conduct.
Rehabilitation consists of carrying out acts which lead to the recovery of those victims who suffered physical and psychological trauma as a consequence of the offence.
Satisfaction or moral compensation consists of carrying out acts which lead to restoring the dignity of the victim and disseminating the truth about what happened.
Guarantees of non-repetition include the demobilization and dismantling of armed groups outside the law.
Symbolic reparation consists of any benefit to the victims or the community in general which leads to ensuring the preservation of the historical memory, the non-repetition of the victimizing events, a public acknowledgment of the facts, public apologies and the restoration of the victims’ dignity.
Collective reparation shall be directed at psychosocial recovery of the population affected by violence. This mechanism is especially intended for those communities affected by events of systematic violence.
ARTICLE 47. REHABILITATION. Rehabilitation must include medical and psychological attention for the victims or the victims’ first-degree relatives in accordance with the budget of the Victims’ Reparation Fund.
ARTICLE 48. MEASURES OF SATISFACTION AND GUARANTEES OF NON-REPETITION. The measures of satisfaction and guarantees of non-repetition adopted by any authority directly involved in the process of national reconciliation must include:
4[8].1. The verification of facts to the public and the complete dissemination of the judicial truth, as long as this does not cause further unnecessary harm to the victim, witnesses or other persons, or create a risk to their safety.
4[8].2. A search for the disappeared or deceased persons, as well as assistance to identify them and rebury [their bodies] according to family and community traditions …
4[8].3. A judicial decision which restores the dignity, reputation and rights of the victims and their first-degree relatives.
4[8].4. An apology which includes a public recognition of the facts and an acknowledgement of responsibilities.
4[8].5. The punishment, by the judicial bodies involved in the proceedings to which this law refers, of those responsible for the [above-mentioned] violations.
4[8].6. The chamber of the High District Court which has jurisdiction may order commemorations, tributes and recognition of the victims of armed groups outside the law. Additionally, the National Commission for Reconciliation and Reparations may recommend the adoption of such measures to political or governmental bodies at different levels.
4[8].7. The prevention of human rights violations.
4[8].8. The participation by those responsible for such violations in human rights educational courses. The chamber of the High District Court which has jurisdiction may impose this measure on convicted persons.
ARTICLE 49. COLLECTIVE REPARATIONS PROGRAMMES. The government, following recommendations by the National Commission for Reconciliation and Reparations, must implement an institutional programme for collective reparation, which involves actions directed at restoring the institutions of the social rule of law, in particular in those areas most affected by violence; for recovering and promoting the rights of citizens affected by events of violence; and recognizing and dignifying victims of violence.
ARTICLE 54. VICTIMS’ REPARATION FUND. …
The Fund will be composed of all the assets or resources which are given to it under any title by those persons or illegal organized armed groups to which this law refers, as well as of resources from the national budget and from national or foreign donations in money or in kind. 
Colombia, Justice and Peace Law, 2005, Articles 8, 47–49 and 54.
The Law further states:
ARTICLE 1. AIM OF THIS LAW. This law aims to facilitate the peace process and the individual or collective reintegration into civilian life of members of armed groups outside the law, while guaranteeing the victims’ rights to truth, justice and reparation.
Organized armed groups outside the law are understood to mean guerilla or self-defence groups, or a significant and integral part of these groups, such as blocs, fronts or other forms of these organizations, as addressed in Law 728 of 2002 [which amends, inter alia, Article 8 of the 1997 Law on Judicial Cooperation to read, in its paragraph 1: “In accordance with international humanitarian law, and for the purposes of this law, armed groups outside the law are understood to mean those which, under responsible command, exercise such control over a part of the territory as to enable them to carry out sustained and concerted military operations”].
ARTICLE 2. SCOPE, INTERPRETATION AND APPLICATION OF THE LAW. This law regulates the investigation, prosecution, punishment and judicial guarantees of individuals connected to organized armed groups outside the law who have been perpetrators of or participants in criminal offences committed during and on the occasion of their membership in these groups, and who have decided to demobilize and make a decisive contribution to national reconciliation. 
Colombia, Justice and Peace Law, 2005, Articles 1–2.
Colombia’s Decree on Reparation to Victims of Armed Groups (2008) states:
CONSIDERING: …
That Article 8 of Law 975 [Justice and Peace Law (2005)] states: “The right of victims to obtain reparation includes actions of restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition … ”
That according to paragraph 1 of Article 15 of Law 418 of 1997, modified and extended by Laws 548 of 1999, 782 of 2002 and 1106 of 2006 [Law on Judicial Cooperation, as amended] “victims of political violence are those persons belonging to the civilian population who suffer harm to their lives or serious deterioration of their personal integrity or their belongings due to terrorist attacks, fighting, kidnapping, attacks and massacres in the context of the internal armed conflict. Displaced persons are victims under the terms of article 1 of Law 387 of 1997.”
That Article 16, item 1, of Decree No. 3391 of 2006 states: “Mechanisms for the Reparation of Victims. Victims of crimes committed by members of organized armed groups outside the law, to whom Law 975 of 2005 is applicable, are entitled to reparation for the harm suffered. Reparation includes actions towards restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Reparation can have an individual, collective or symbolic character, pursuant to Law 975 od 2005. Consequently, the full character of the reparation shall not be established exclusively in relation to the actions of an economic nature”;
That, in addition to the judicial reparation provided for in Law 975 of 2005, it is feasible that the State, in accordance with the principle of solidarity and the residual obligation to make reparation, can establish an administrative procedure for early reparation to victims of organized armed groups outside the law, without prejudice to the obligation of perpetrators to make reparation and the State’s right of recourse against the latter;
Article 1. Establishment of the programme. A Programme for Individual Reparation through Administrative Procedures to Victims of Organized Armed Groups Outside the Law is hereby established …
Article 4. Types of administrative reparation measures. For the purposes of the present programme, the Committee for Administrative Reparations shall grant the execution, on a case-by-case basis, of the following reparation measures, which will be mandatory for the different organs of the State to undertake:
b) Restitution;
c) Rehabilitation;
d) Measures of satisfaction;
d) Guarantees of non-repetition of the offences.
Article 6. Restitution. The Committee for Administrative Reparations shall order, when possible, actions which make it possible for the victim to return to the situation that existed before the commission of the offence.
Article 7. Rehabilitation. The State, through this programme, shall provide assistance to victims who require it for their recovery from physical and psychological traumas suffered as a consequence of the kind of victimization addressed by this decree.
Article 8. Satisfaction measures. Without prejudice to the provision in article 4, paragraph 1, of this decree [related to compensation], the Committee for Administrative Reparations shall adopt some of the following satisfaction measures in favour of the victims or beneficiaries:
a) Public recognition of the character of victim, of his/her dignity, name and honour, before the community and the offender;
b) Issuance of publications related to the provision above … ;
c) Organization of commemorative acts … ;
d) Granting of medals and other public awards … ;
e) Organization of public tributes … ;
f) Construction of public monuments with a view to promoting reparation and reconciliation … ;
g) Public and full communication of the narrative of victims regarding the facts that victimized them, as long as such diffusion does not cause more unnecessary harm or raise security issues … ;
h) Collaboration in order to identify corpses and their burial according to the traditions of the family and community … ;
i) Preferential access to social services provided by the State … ;
j) Communication of apologies and acceptance of responsibility as issued by the perpetrators …
Article 9. Guarantees of non-repetition of the offences. The National Government shall implement actions directed at preventing the repetition of those conducts that violate fundamental rights.
Similarly, education, communication and promotion campaigns shall be conducted with a view to improving respect for national and international rules on fundamental rights. 
Colombia, Decree on Reparation to Victims of Armed Groups, 2008, Articles 1, 4 and 6–9.
In 2010, in the Constitutional Case No. C-238/10, the Plenary Chamber of Colombia’s Constitutional Court stated:
5.2.3. …This Court finds that the draft law under consideration [Law Regarding Victims of Enforced Disappearance] … requires the State to undertake several measures with the aim of localizing and fully identifying victims of the crime of enforced disappearance [and] providing assistance to the relatives of the victims during the process of return of the exhumed bodies and remains and paying tribute to such victims. …
5.2.4. … [T]hrough the norms that are the object of the presidential objection the Colombian State complies with its human rights obligations, as well as articles 12 and 93 [of the 1991 Constitution, respectively, on the prohibition of enforced disappearance and the prevalence of human rights treaties], and [fulfils] the rights to justice, truth and reparation. 
Colombia, Constitutional Court, Constitutional Case No. C-238/10, Judgment, 7 April 2010, pp. 28 and 30, paras 5.2.3 and 5.2.4.
[footnotes in original omitted]
The Court also stated:
The following is the text of the draft law:
ARTICLE 14. The … memory of the forcibly disappeared victims of the Colombian conflict will be celebrated in the last week of May, in the framework of the Week of the Detained- Disappeared, and on 30 August, the International Day of the Disappeared. 
Colombia, Constitutional Court, Constitutional Case No. C-238/10, Judgment, 7 April 2010, pp. 3 and 8.
In 2010, in the Diego Vecino and Juancho Dique case, the Justice and Peace Chamber of Colombia’s High District Court of Bogotá convicted two members of the paramilitary group Autodefensas Unidas de Colombia (United Self-Defence Forces of Colombia) of several crimes committed against the civilian population. The Court stated:
175. The award of full reparations to the victims is one of the pillars on which the [2005] Justice and Peace Law was built, which has “a double dimension (individual and collective) and, at the individual level, it involves measures of restitution … and re-adaptation. [A]t the collective level, reparation is achieved through symbolic measures or other kinds of measures directed at the community. The disbandment of armed groups, along with reintegration measures, is included among the guarantees of non-repetition”.
333. Law 975 [2005 Justice and Peace Law] establishes a mixed system, which, on the one hand, refers to the right of the victims to full reparation. This right is set out in Chapter IX of that law as having a twofold nature. In articles 44 to 48, the law divides the concept of full reparation into five categories, which correspond to the categories provided for in the so-called “Van Boven principles” adopted in the [2005] United Nations declaration [Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of IHL]: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. On the other hand, article 49 refers to the so-called “Collective Reparations Programmes”.
335. … [T]he crimes over which this Chamber exercises its jurisdiction correspond to a phenomenon of systematic and widespread violence against the civilian population, which took place over a long period of time and led to hundreds of thousands of victims. The Chamber finds that certain reparation measures acquire more importance in view of these circumstances, such as the measures of satisfaction and the guarantees of non-repetition, which have less importance in situations of sporadic violence. [They aim to] eliminate the stigmatization of the victims, discrediting the point of view of the perpetrators, providing public information about the gravity of the crimes committed by the demobilized members of illegal armed groups and emphasizing the absence of any justification for the commission of this type of conduct.
336. Likewise, in these circumstances, the collective reparations programmes acquire particular importance … in particular, those directed at creating the conditions of safety needed for the victims to return to or … stay in the locations where they were victimized. 
Colombia, High District Court of Bogotá, Diego Vecino and Juancho Dique case, Judgment, 29 June 2010, §§ 175, 333, 335 and 336.
[footnote in original omitted]
The Court ordered the following reparatory measures:
VIII.11. Restitution
341. Considering that those who were forced to abandon their places of residence could not return and their houses no longer exist, as a measure of restitution, the Chamber orders the Ministry of Environment … to prioritize subsidies for displaced households …
VIII.13. Rehabilitation
356. The Ministry of Social Protection shall present to this Chamber … a programme for the recovery of victims of the armed conflict …
VIII.14. Satisfaction
357. Because of the special significance of the graveyard and the church to the inhabitants of Mampuján, the Chamber orders their reconstruction according to the conditions and places agreed with the community …
358. Public acknowledgement of the abuse committed by the self-defence forces in the villages of San Cayetano and Mampuján … shall be made in a ceremony on 10 March 2011 to commemorate the victims …
359. … A one-hour documentary shall be prepared with the present judgment as a script, including interviews with victims and perpetrators, and containing public apologies [by the perpetrators]. This documentary shall be broadcast in a time slot to ensure a maximum audience and on one of the channels with the widest reach in the country. …
360. … A monument commemorating the events which took place in San Cayetano and Mampuján on 10 and 11 March 2000 shall be built …
361. A project to set up a Victims Museum shall be initiated …
VIII.15. Guarantees of non-repetition
365. Particular attention has to be given to the rising criminal activity in the area of Montes de María by the [paramilitary groups referred to as] Bacrim and the guerrillas. Therefore, the Chamber orders the Minstry of Defence to reinforce its action towards combatting and eliminating this scourge, so as to promote the non-repetition of the acts of violence not only by those who have already been demobilized but also by any armed actors who might potentially affect the peace of the inhabitants of San Cayetano and Mampuján …
366. The Ministry of Defence will adopt the necessary measures for guaranteeing safe conditions for those victims who wish to return to their places of origin …
367. Likewise, with regard to all members of the army and the public security forces who have possibly taken part in the commission of crimes or were mentioned in the statements and documents presented by the demobilized members of illegal armed groups, the Ministry of Defence shall, as a preventive measure, move them from the place where they are based …
368. The Chamber orders the Ministry of Defence to comply with its obligation to provide special human rights education for those members of the public security forces and the army who, in the past, may have been involved in a collaboration for the commission of crimes …
369. With regard to those members of the armed forces who received special training (counter-guerrilla, explosives, etc.), who subsequently joined the reserve on a low salary … and were then recruited by the armed groups referred to in Law 975, the Chamber calls upon the Ministry of Defence to adopt a specific policy to provide alternative professional opportunities for them.
370. The Chamber calls upon the Presidency of the Republic … to present a detailed programme for the reintegration and professional training, including psychological assessment and treatment, of those members of the self-defence forces who are in prison, with priority given to the members of the Montes de María bloc …
371. … The defendants shall receive at least 200 hours of training on human rights …
372. A police centre for immediate care shall be established in Rosas de Mampuján[.] 
Colombia, High District Court of Bogotá, Diego Vecino and Juancho Dique case, Judgment, 29 June 2010, §§ 341, 356–361 and 365–372.
With regard to additional measures for collective reparation, the Court ordered:
VIII.16.1. In San Cayetano:
375. The construction of a school in Arroyohondo … [to cover] up to ninth grade …
376. The construction of a primary school in Aguas Blancas …
377. The construction of two sports arenas, one in Arroyohondo, close to the school, and the other in Aguas Blancas …
378. The repair of the road between Casinguí, Arroyohondo and Aguas Blancas …
379. The construction of three bridges: Arroyohondo, Casinguí and Aguas Blancas …
380. The adaptation of deep wells for the supply of drinking water …
381. The [installation] of electricity networks … in Casinguí, Arroyohondo, Aguas Blancas, Pela el Ojo and Las Brisas …
382. The construction of a community centre with materials … for the development of the region …
383. The construction of a trade centre … to market San Cayetano’s production …
384. The provision of agricultural machinery …
385. The provision of a truck to the displaced community of San Cayetano for trading goods …
386. The promotion of the competitiveness of San Cayetano’s economy through the development of productive activities and the transfer of technology for the management, production and trade of agricultural and agro-industrial products …
VIII.16.1. In Mampuján:
387. The construction … of a … centre for higher secondary-level education, with a focus on technical training in agriculture …
388. The construction … of a health care facility in Rosas de Mampuján …
389. The installation of public lighting in Rosas de Mampuján …
390. The completion of [the construction of] the aqueduct …
391. The paving of roads and construction of gutters, kerbs and sidewalks …
392. The reconstruction and extension of wells providing water to rural houses …
393. The completion of the sewer system in Rosas de Mampuján …
394. The installation of a telephone antenna …
395. The improvement of the Mampuján road …
396. The implementation of projects for food security …
397. The development and implementation of a programme directed at boosting the production of Mampuján …
398. The provision of agricultural machinery …
399. The provision of a truck to be used by the community for trading its goods …
400. The construction of a storage centre … for agro-industrial products …
401. The implementation of a programme for adult literacy and training …
402. [The implementation of a] programme for technical and technological training … for the young people of the region. 
Colombia, High District Court of Bogotá, Diego Vecino and Juancho Dique case, Judgment, 29 June 2010, §§ 375–402.
In 2010, in the Constitutional Case No. C-936/10, Colombia’s Constitutional Court stated:
Colombian constitutional case law has incorporated into the domestic order the international standards established by human rights systems regarding the rights of victims of serious violations of human rights and grave breaches of international humanitarian law … In this sense, it has been understood that victims’ rights include the right to truth, the right to justice in the specific case, in other words the right to avoid impunity, and the right to integral reparation of the harm suffered by the victims and those affected by the crime.
The right to justice includes the obligation on the State to investigate and punish appropriately the perpetrators of and participants in the offences, as well as the right for victims to an effective judicial remedy. …
… In sum, the Constitutional Court established a doctrine that abandons a reductive approach to the victims’ rights that is exclusively founded upon economic compensation, in order to emphasize that victims, or those who were affected by the crime, have an effective right to participate in the legal proceedings not only with the aim of claiming economic interests but also – and mainly – with the aim of enforcing their rights to truth and justice.
… In conclusion, the State’s decision not to investigate and punish the crimes that affect human dignity the most is unacceptable as an expression of the State’s criminal policy. … The lack of investigation and punishment of those crimes leads to a disregard of the victims’ rights to have access to justice and to an effective judicial remedy, and, as a consequence, a disregard of their rights to justice, truth and integral reparation. By so doing, the State breaches its international obligations – from both customary and conventional sources – to investigate, prosecute and punish the perpetrators of serious human rights violations, crimes against humanity and war crimes, thus creating a favourable environment for the chronic repetition of such conduct. 
Colombia, Constitutional Court, Constitutional Case No. C-936/10, Judgment, 23 November 2010, pp. 70, 73 and 91–92.
[footnote in original omitted]
In 2010, in the El Iguano case, the Justice and Peace Chamber of Colombia’s High District Court of Bogotá convicted a member of the paramilitary group Autodefensas Unidas de Colombia (United Self-Defence Forces of Colombia) of several crimes committed against the civilian population. Regarding reparations, the Court stated:
363. Principle 33 of the [UN] Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity … states that: “Any human rights violation gives rise to a right to reparation on the part of the victim or his or her beneficiaries, implying a duty on the part of the State to make reparation and the possibility for the victim to seek redress from the perpetrator”. According to principle 36: “The right to reparation shall cover all injuries suffered by the victim; it shall include individual measures concerning the right to restitution, … and rehabilitation, and general measures of satisfaction as provided by the set of basic principles and rules concerning the right to reparation”.
365. In the same sense, Law 975 of 2005 [2005 Justice and Peace Law] provides for reparation as one of its principles (article 4) and as a right of the victims (article 8), which, in the victim’s individual perspective, includes measures for: (i) restitution, … (iii) rehabilitation, (iv) satisfaction and (v) guarantees of non-repetition.
366. Finally, article 75 of the [1998] Rome Statute states that: “The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution … and rehabilitation.”
375. Moreover, with regard to collective reparation, article 49 of the Justice and Peace Law provides for the State’s obligation to implement institutional programmes for collective reparation, which involves actions directed at restoring the institutions of the social rule of law, in particular in those areas most affected by violence. Therefore, the institutions of the State have this legal obligation … because only with participation by the State it is possible to recover the institutions [of the social rule of law] and to guarantee to the victims the protection to which they are entitled.
384. The dignity of the victims and those harmed by criminal acts is seriously violated when the only protection available to them is the possibility of obtaining economic reparation; thus, the principle of dignity prevents the rights protected by criminal law from being reduced to an economic valuation. The judicial declaration regarding the existence of harm caused by the commission of a punishable conduct and, consequently, of a [right to] compensation is one of the solutions adopted by the legislator to address the difficulty of providing full restoration of violated rights and legally protected goods in criminal matters. However, it is not the only alternative, nor is it by any means the one that fully protects the intrinsic value of each human being.
Collective reparation
418. The co-option of the institutional structure by armed groups outside the law, including the self-defence organization, in particular the Fronteras Front and the Catatumbo Bloc, caused harm to society in North Santander and to the country as a whole. The harm can be assessed in two steps: (i) grave violations of the human rights of the inhabitants of Cúcuta and its surroundings (murders, torture, enforced disappearances, forced displacements, among others), which directly affected their families and society itself; and (ii) the impunity for and lack of a mechanism for the acknowledgment of the events, owing to the lack of institutions and attention to these violations. The impunity of any illegal operation was guaranteed, which generated mistrust.
419. The first step consists of a one-off event … In the second one, the harm is protracted and can cause permanent and irreparable damage to the victims. These are two complementary types of harm caused to the community.
422. … [I]t is necessary to establish mechanisms to restore a minimum of social order, which any society, community and individual needs in order to move towards the desired future and leave behind the painful narrative of the victimizing facts.
425. … Law 975 of 2005 [Justice and Peace Law] imposes the obligation on the National Commission for Reconciliation and Reparations to formulate collective reparations programmes …
426. Despite the above, the Chamber wishes to adopt certain collective reparations measures, such as:
- The Minsitry for Social Protection and the Cúcuta City Council shall create a centre for the recovery of victims of the armed conflict in Cúcuta and its metropolitan area or adapt a section of the State hospital, with a focus on psychological therapy. …
- Publicly expressed apologies by the entities whose members were convicted owing to their responsibility for strengthening these criminal organizations, which should be broadcast countrywide via audio-visual media …
- The central Attorney-General’s office, in a public ceremony in the town of Cútuca, before the victims and society as a whole, commits to prioritizing investigations of those persons indicated by the [accused] as being involved with the paramilitary structures …
- The Ministry of Defence, in coordination with the government of North Santander and the Cúcuta City Council, will organize a public ceremony in the town of Cúcuta, in which the general population and the victims will take part, where the army and the national police will make an express commitment to guarantee the non-repetition of facts similar to those addressed by this judgment. …
- The Presidency of the Republic, together with the National Television Commission, will broadcast, via audio-visual media with significant audience reach, educational campaigns directed at raising awareness within Colombian society that violence in any form can never be legitimate or justified. …
- The Presideny of the Republic, in coordination with the Ministry of Communications and the National Commission for Reconciliation and Reparations, will implement forums and seminars directed at professionals in the field of social communication, with the aim of training them in how to avoid magnifying both criminal organizations and armed actors in general and their acts of violence and terrorism, as well as in how to avoid revictimization when undertaking their function of informing citizens. …
- The Presidency of the Republic, in coordination with the Ministry of Social Protection, will broadcast, via audio-visual media with significant audience reach, educational campaigns todemonstrate to the victims that restoring their dignity is a process that, under the Cosntitution, falls to the State, rather than the perpetrators or any criminal organization. …
Rehabilitation
429. The Chamber considers that the measures [due in the present case] go beyond the individual level. Thus, the Chamber has already referred to them within the collective reparation section.
Satisfaction
430. … [T]he Cúcuta City Council shall, in a public ceremony … , inaugurate a sports field with a name indicating Hope, and featuring a remembrance plaque …
431. A one-hour documentary shall be prepared with the present judgement as a script, including interviews with victims and perpetrators, and containing public apologies by [the accused]. This documentary shall be broadcast in a time slot to ensure a maximum audience and on one of the channels with the widest reach in the country. …
432. … The Attorney-General’s Office shall put up a remembrance plaque in the courthouse in Cúcuta containing the names of the prosecutors murdered by the self-defence forces …
Guarantees of non-repetition
435. The guarantees of non-repetition, as part of the full reparation, are directed at guaranteeing not only that the victims will not be threatened again by their previous aggressors but also that they will not be threatened by any other armed actors.
436. The transitional justice processes should not become an instrument for demobilizing members of criminal organizations without eradicating violence, because this would lead to a vicious circle of negotiations, where new organizations would continue to be created and re-victimize the civilian population. …
437. In view of the above, the Chamber reiterates its order given in a previous judgment for the Ministry of Defence to reinforce its action towards combating and eliminating this scourge …
438. As mentioned by the [accused himself], several members of the public security forces facilitated the expansion and execution of operations; their names are registered in this judgment. For this reason, the Chamber reiterates to the Ministry of Defence to take all the necessary steps to move all members of the army and public security forces mentioned in this judgment to a different base as a preventive measure.
439. Finally, the Chamber reiterates its call for the Presidency of the Republic … to present a detailed programme for the reintegration into society and professional training, including psychological evaluation and treatment, of detained members of the self-defence forces …
Other measures requested individually
455. … The Chamber orders the City Council to give priority to minors who were mentioned in this judgment and who are currently in secondary school for the purpose of scholarships and quotas. The same applies to higher education as requested by [some of the victims]. 
Colombia, High District Court of Bogotá, El Iguano case, Judgment, 2 December 2010, §§ 363, 365–366, 375, 384, 418–419, 422, 425–426, 429–432, 435–439 and 455.
[footnotes in original omitted]
In 2008, in its sixth periodic report to the Human Rights Committee, Colombia stated:
183. Another important development is [the Justice and Peace Law (2005)], which contains provisions for the reintegration of members of organized armed groups outside the law who effectively contribute to achieving national peace, and other provisions for humanitarian agreements. After an extensive process of consultations and discussion, which lasted at least two years, with the participation of the national and international community, the Congress adopted this instrument proposed by the national Government, whose aim is to provide a framework that makes viable the individual or collective reintegration of members of organized armed groups operating outside the law who effectively contribute to the attainment of national peace, including guerrillas and paramilitaries, in keeping with the rights of victims to truth, justice and reparations.
184. This body of law … for the first time recognizes in law the right of victims to know the truth and reiterates the recognition of their rights to justice and full reparations. …
226. With regard to reparations to victims, demobilized individuals have[,] to date[,] handed over 4,619 items of property to the reparations fund. Similarly, the Government issued [the Decree on Reparation to Victims of Armed Groups (2008)], by which it created the Programme of Individual Reparations through Administrative Channels (parallel to reparations through the courts), which plans an investment of 7 billion pesos (US$ 3,668,820,788) over the next three years. This decree is applicable in cases of crimes including murder, forced disappearance and kidnapping, among others.
227. Thanks to financial and technical support from IOM[ – ]USAID [International Organization for Migration – United States Agency for International Development], a project has been implemented for specialist legal advice to ensure the effective participation of victims and the full realization of their rights to truth, justice and reparations.
236. Victim Reparations Programme. In parallel with the demobilization of organized armed groups outside the law, the Government has focused its attention on the victims of violence and has designed an administrative reparations programme … The programme seeks the restoration of the rights of victims, rehabilitation, satisfaction and guarantees of non-recidivism. Reparations are based on the principle of solidarity and involve an historic investment, unprecedented in the world, of approximately 7 billion pesos.
237. It should be noted that the programme is not at odds with the compensation which persons found criminally liable must make to victims following a court ruling.
III. Challenges
676. In the framework of peace and justice the State must continue working … on striving for complete redress[,] both individual and collective, and ensuring non-recurrence. 
Colombia, Sixth periodic report to the Human Rights Committee, 2 June 2009, UN Doc. CCPR/C/COL/6, submitted 10 December 2008, §§ 183–184, 226–227, 236–237 and 676.
In 2009, Colombia’s National Council for Social and Economic Policy approved a policy for the Consolidation of Mechanisms for the Tracing and Identification of Disappeared Persons in Colombia. The Policy states:
Domestic instruments or standards
Law No. 975 of 2005 [Justice and Peace Law]
Subject or highlighted aspects
It provides for and defines the right of the victims to truth, justice and reparations. It established as a mean of satisfaction … the tracing of disappeared or dead persons and the provision of assistance in identifying and burying them according to family and community traditions (article 49.2). 
Colombia, National Planning Department, National Council for Social and Economic Policy, Consolidation of Mechanisms for the Tracing and Identification of Disappeared Persons in Colombia, CONPES Document No. 3590, 1 June 2009, p. 8.
[footnote in original omitted]
The Policy also states:
The disappearance of a family member, and thus the lack of knowledge of their fate and whereabouts, has psychological, economic, social and legal consequences that extend even to the communities and affect their ability to face the past and take part in a lasting peace and reconciliation process. These disappearances are usually associated with violations of human rights and international humanitarian law …
In this sense, the discovery of disappeared persons, the return of their bodies and clarification of the causes, circumstances and responsible persons for the disappearance, and[,] when applicable[,] the death, constitute a form of reparation or, more precisely, a measure of satisfaction. It constitutes thus part of the full reparation. This was acknowledged by the Colombian State through the provisions on reparation which were included in Law 975 of 2005, in particular articles 7, 8, 15, 44 and 48.  
Colombia, National Planning Department, National Council for Social and Economic Policy, Consolidation of Mechanisms for the Tracing and Identification of Disappeared Persons in Colombia, CONPES Document No. 3590, 1 June 2009, pp. 33–34.
[footnote in original omitted]