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The Colombian president, Iván Duque, announced Sunday that he would oppose six articles of the law on special justice for peace (JEP), the backbone of the agreement signed with the FARC, aimed at guaranteeing the truth, justice, reparation and non-repetition of the violence of the armed conflict.
"I decided to object to six of the 159 articles of the Statutory Law of the Special Court for Peace for reasons of embarrbadment and to invite the Congress of the Republic to consider them constructively"Duque said in an address to the country.
The right-wing leader said that the objections sought to "correct" the text agreed in Havana "without intention of polarization".
"There is no false division between friends and enemies of peace, but we want a peace that truly guarantees truth, justice, reparation and non-repetition", he added.
The President of the CEP, Patricia Linares, said in a video sent to the press that the entity "will continue to function fully by fully exercising each of its competences and functions", pending a final decision on the law.
In any case, the maximum leader of the former FARC guerrilla, Rodrigo Londoño, He responded a few minutes later on Twitter. "The call more than ever is to defend the peace agreement, our commitment is to every Colombian in every region of the country"he wrote.
Among the articles criticized by Duque, there are the 150, concerning the extradition of persons for acts subsequent to the signature of the definitive agreement.
"This is embarrbading because it does not clarify what has already been said in the procedural law of the CEP when it is stated that the review section of the Court of Peace can not exercise. Failure to make this clarification would seriously affect Colombia's judicial cooperation with other countries ", he affirmed.
This section includes the former head of the FARC Jesus Santrich, arrested in Bogotá since April 9 and sought extradition by US justice,who accuses him of drug traffickingCrime committed by the Office of the Prosecutor after the signing of peace on 24 November 2016.
The Duke also objected "because of a disadvantage" of Article 153 because it conditioned the extradition of other people to the offer of truth. without establishing any type of term or opportunity to do so.
"This produces a perverse incentive to enter the third party PEC on the pretext of purported offers of truth. This ambiguity can be used to avoid responsibilities in the justice of other states "he said.
Look for a true "repair" of the head of state He objected to Article 7 "because it does not clearly establish the main obligation of the authors to make full reparation to the victims".
He justified his position in that sense because "the perpetrators must advance material reparation with their badets and badets that satisfy the victims. This is the minimum that Colombia expects. "
Duke also found the eighth paragraph of Article 63 because it does not determine the scope of the High Commissioner for Peace's competence to verify the list of recognized members of armed groups submitting to a peace process.
According to Duque, it is not appropriate to weaken an attribution that the High Commissioner has for years "prevent criminals from hiding and benefit and impunity by participating in a peace process through the back door ".
Similarly considered to be embarrbading for the country a paragraph of Article 79 the suspension of ordinary court proceedings against persons whose acts fall within the jurisdiction of the JEP.
"This creates a situation that harms the interests of the victims and wastes the valuable investigative resources of experienced and capable authorities"he explained.
Un article 19 paragraph dealing with the waiver of criminal action against crimes against humanity, genocide or war crimes against those who are not fully responsible, was also objected.
For all that, he said that present to Congress a constitutional reform to amend Legislative Act No. 01 of 2017 to include "the exclusion of badual crimes against transitional justice against children and adolescents".
As well will seek to include "that anyone who reoffends in criminal activities will lose all benefits" and finally, this ordinary justice is the one that judges "all criminal acts that started before 1 December 2016 and continue after that date."
"We can not be afraid to approach these changes constructively and without the intention of polarization," concluded the president.
(With information from EFE)
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