First ruling by Colombia special tribunal is ‘crucial milestone’ says UN human rights chief News
Bernard Gagnon, CC BY-SA 4.0, via Wikimedia Commons
First ruling by Colombia special tribunal is ‘crucial milestone’ says UN human rights chief

The United Nations High Commissioner for Human Rights commended the first convictions handed down by the Colombian Special Jurisdiction for Peace (SJP) as a “crucial milestone on the path of accountability” while cautioning that this only represents an early step in a long-term effort to restore peace and justice.

“After decades of atrocity upon atrocity, these convictions represent a fundamental step in the fight against impunity in Colombia and in fulfilling the rights of victims to truth and justice,” said High Commissioner Volker Türk. “It is now up to the Government to take action so the legal, budgetary, security, and administrative conditions are in place to ensure that the ensuing penalties are effectively enforced and that accountability is fully embedded in the system.”

In its first ruling, the SJP convicted seven leading members of the Revolutionary Armed Forces of Colombia-Popular Army (FARC-EP) for war crimes and crimes against humanity in relation to over 20,000 kidnappings, which presented one of the main funding sources for the group. Other crimes tied to the group include torture, sexual violence, and enforced disappearances between 1993 and 2012. FARC-EP largely dissolved in 2016.

Defendants acknowledged their involvement in the crimes, which alleviated their sentences to restrictions of movement, and eight years of community labor, instead of prison time. Throughout the process, defendants had to actively contribute to the truth-seeking process and are now mandated to participate in activities such as de-mining, assistance in searching for missing persons and supporting memorialization projects. The UN Office of the High Commissioner of Human Rights supported the process and urged the current government to provide the necessary funding and organization to carry out these measures.

The SJP is the judicial component of the 2016 Peace Accord signed between Colombia and FARC-EP. It combines several elements to ensure a transition to lasting peace in Colombia after decades of ongoing non-international armed conflict. It rests upon the principle of restorative justice, which prioritizes criminal accountability and seeks to bolster victims in order to create lasting stability. If defendants are not willing to contribute to the truth-seeking process, they face sentencing and much harsher penalties before the ordinary courts. Since its establishment, the SJP has summoned more than 14,000 persons, including 9,923 FARC members, 4,762 members of the military and 99 third party actors.

Colombia continues to face armed conflict and human rights violations, such as the killings and enforced disappearances of human rights defenders and the recruitment of children by armed groups like the Ejército de Liberación Nacional, as well as political violence. Recently, the government faced criticism by NGOs over a budget cut for human rights protection.

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