The "declared war" between politicians in Colombia

Colombia is going through a serious political crisis that is manifested by resignations, disagreements between institutions, presidential demands and even demands for the constitution of a constituent badembly.

The decision of the Special Court for Peace (PEC) to order the release of Jesus Santrich, a former guerrilla accused of drug trafficking that had been required for extradition by the United States, precipitated the earthquake.

And according to badysts consulted by BBC World, it has been shown that there is a "declared war" between the powers installed in the country of South America.

Thus, they described the current conflict between state institutions, political actors and also economic elites with interests in what could happen not only with Santrich, but also with the whole future of the peace process.

Faced with a scenario considered complex, we answer three fundamental questions that may explain this new crisis.

• Colombian Attorney General Resigns to Protest the Release Order of Former FARC Commander Charged with Drug Trafficking
• Who is Jesus Santrich, the former guerrilla accused of drug trafficking by the United States? whose exit order triggered an institutional crisis in Colombia

1. What triggered the crisis?

On April 9, 2018, former FARC commander Jesús Santrich, whose real name was Seuxis Paucias Hernández Solarte, was arrested by order of the Colombian Public Prosecutor's Office.

The United States has accused him of conspire to send cocaine to this country and claimed his extradition.

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Santrich is one of the demobilized who took refuge in the PEC, the special court created through the signing of the 2016 peace agreement to try the crimes clerk during the 50 years of armed conflict with the FARC.

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The military, ex-guerrillas or civilians who have submitted to this alternative jurisdiction receive reduced sentences and guarantees of non-extradition. But if they commit a crime after the signing of the treaty, they are at the mercy of the ordinary courts.

And both the Office of the Prosecutor and the United States maintain that Santrich's attempted drug smuggling took place after the Entrance in force of the peace agreement, between 2017 and 2018.

However, just over a year after the former guerrilla 's detention last Wednesday, the JEP ruled that the date of the alleged conspiracy to send cocaine could not be determined. He therefore terminated Santrich's extradition process and ordered release

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The domino effect of this decision is felt immediately.

The Office of the Attorney General of the Nation, a control entity different from the prosecutor's office, immediately announced that he was appealing the resolution.

The Attorney General of Colombia, Néstor Humberto Martínez, has submitted his irrevocable resignation to the position of outrage to the order of release of the ex-commander of the FARC. Assistant Prosecutor María Paulina Riveros followed soon after.

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In a message to the nation, President Iván lamented the decision of the PEC, expressed his solidarity with Martínez and declared himself ready to sign the extradition of Santrich at any time.

Immediately, the bench of the party of the democratic center in power, led by Alvaro Uribe, began to ask the president a constituent badembly to change the rules of the game in the peace process.

The United States, one day later, challenged the resolution of the special justice and asked to advance the appeal.

2. Who are the main actors confronted?

The CEP and the prosecutor's office are the two institutions to take in the storm, since since the arrest of Santrich, the controversy focused on the question of which of the two was competent.

According to political badyst Juan Esteban Lewin, the positions found between the two entities have "great crisis for justice"

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"Colombia has had more direct clashes between its judicial institutions in the past, but the result is more complex by the tension that reigns around and the consequences for both, "says the expert at BBC Mundo.

Lewin explains that both institutions are exhausted after the Santrich case.

The badyst gives the example of the resignation of Néstor Humberto Martinez, who, despite only a few minutes after the special judgment handed down by the justice on the former guerrilla, left more doubts than certainties .

"The prosecutor resigns after the announcement of the CEP, but it is felt that this is not the real cause of the resignation"he says.

Lewin recalls that Martinez has been involved in a series of controversies such as the Odebrecht case and others. His resignation "therefore constitutes a very good result for him, with a speech of defense of justice, instead of being exhausted and involved in scandals, corruption."

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In addition, the PEC was also questioned because the questions concerning its resolution on Santrich not only critics of the peace processbut also some of its promoters, says the badyst.

"I see that it was weaker and more fragile." The way the decision was made weakened and this time, there are critics who do not come from the usual detractors of the CEP. It's very difficult for a court which only reinforces its legitimacy, "he concludes.

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Political scientist Marcela Prieto takes a similar position, noting that the dispute between the Attorney General's office and the special judicial system has weakened them.

"The institutional wear is huge, the JEP was involved and ordinary justice weakened, "he told BBC Mundo.

Prieto warns that the Santrich case could well be the first in a series of institutional disagreements, knowing that thousands of people will be judged by the special justice system.

3. What are the interests at stake?

In the opinion of the badyst and columnist Fernando Posada, the crisis experienced goes beyond the judicial framework, because behind it hides very great political and economic interests.

The researcher points out that what happened is the "official recognition of a declared war"between the powers of Colombia.

Copyright of the imagePRESIDENCY OF THE REPUBLIC OF COLOMBIA

"The political position is very clear, with a government and an official party supporting the position of the outgoing prosecutor, showing the enormous distance Duque has with the CEP process and the transitional justice model," he said. he told BBC World.

Posada recalled that the Colombian president had issued in April six objections to the statutory law of the CEP, referred fundamentally to extradition and compensation for damage to victims, although these did not succeed in its revision in Congress, where the opposition and independent parties made the first major setback in Duque since he's been president.

• 5 keys to understanding the serious political crisis in Colombia and why they accuse Duke of "want to let peace die"

Similarly, there are also requests from the last few months of outgoing prosecutor Martinez to change the powers of the CEP.

And, finally, the claim of the decision to realize a constituent badembly to make in-depth reforms to agreements with the former FARC guerrilla

"This is one of the most important battles fought by Uribismo and the historic enemies of the agreements against the peace process, which have been criticized since day zero," said Posada.

The badyst explains that it must be understood that "the nature of transitional justice implies sacrifices in justice in search of peace benefits ".

"And if the environment is so negative, it is certainly very dangerous for the future of the peace process," he concludes.

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