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A report by the investigative body of the International Criminal Court (ICC) says that it will share a draft on these parameters with Colombian authorities and other interested parties during the first half of 2021. It also noted that “significant” steps have been taken to investigate crimes of It hurts humanity.
The Office of the Prosecutor of the International Criminal Court (ICC) has just published a report in which it pronounces in relation to the follow-up it does on the Colombian case since, since June 2004, according to the same investigating entity, “there is a reasonable basis to believe ”That crimes against humanity have been committed by different actors since November 1, 2002. Among them, murders, forced displacement, torture, sexual violence, kidnapping, among other crimes. The 13-page report known to El Espectador concludes that the Colombian authorities have taken “significant steps” to investigate these crimes, but that they will continue to monitor the Colombian case.
Read: The ICC says that the JEP can become a world benchmark
At the same time, he indicated that he will continue in contact with the Colombian authorities and interested parties to build a “framework of referential parameters” so that the ICC Prosecutor’s Office has certain references to conclude if it should open an investigation. “The purpose of this framework is to allow the Prosecutor’s Office to identify the indicators that in principle would allow it, when appropriate, to conclude whether it should proceed to open an investigation or defer to the national accountability processes, as a consequence of relevant national actions and genuine. The Office of the Prosecutor hopes to be able to share a draft of the benchmark framework with the Colombian authorities and other interested parties to receive their comments during the first half of 2021, ″ concluded the ICC Prosecutor’s Office.
And he added that “The information available indicates that the Colombian authorities continued to process relevant national judicial actions for the examination of admissibility of the Prosecutor’s Office, both before the ordinary courts and the systems of the Justice and Peace Law and the JEP. The Colombian authorities appear to have made progress in the investigation of the conduct underlying the potential cases identified by the Prosecutor’s Office. During 2021, the Prosecutor’s Office will continue to communicate with the Colombian authorities to obtain more information on the activities that lead to the initiation of individual processes, which could arise from the relevant macro cases before the JEP, as well as on the identification of selected cases for additional measures, including investigations and prosecutions, ”concludes the ICC Prosecutor’s Office.
The document details that the Attorney General’s Office and the JEP provided information on what the processes related to extrajudicial executions, known as “false positives”, sexual and gender-based crimes and forced displacement are going. In addition, these entities reported on the procedures that address the promotion and expansion of paramilitary and guerrilla groups. As of November 2020, the JEP reported that it had issued 35,015 decisions related to seven macro cases related to representative crimes related to the conflict and other procedural aspects. The JEP points out that 12,625 people have signed acts of submission to it, including 9,767 members of the exFarc, 2,733 members of the armed forces and 115 other State agents.
“The JEP indicated that it was continuing its work on seven macro cases, issued resolutions on the participation of victims before the Chamber for the Acknowledgment of Truth, Responsibility and Determination of Facts and Conducts (” Chamber for the Acknowledgment of Truth “) copies of voluntary versions to the victims and began preparatory activities for the issuance of resolutions of conclusions. In addition, the JEP indicated that it has received 311 reports on crimes related to the conflict from victims’ organizations, members of civil society and state entities, including more than 30 reports on sexual violence committed in the context of the armed conflict. ” noted the CIP Prosecutor’s Office.
As for the Office of the Prosecutor, says the investigative body of the CIP, provided information on the status and progress of its procedures as of October 2020. The Colombian investigating entity was carrying out 2,683 cases against civilians or State agents who were not members of the forces. for crimes related to the promotion, support or financing of illegal groups. Of these, 1,329 were active, while another 1,354 were inactive. of the former, 703 were related to crimes allegedly committed by civilians, 283 by combatant state agents and 343 with non-combatant state agents.
According to the Prosecutor’s Office, 1,325 cases are in the investigation stage and four are in the trial stage. Decisions are reported to have been issued in relation to 15 cases: 10 resulted in convictions, two in acquittals, and three reached the sentencing stage after an anticipated sentencing. In relation to the 29 representative cases prioritized against civil third parties and state agents linked to armed actors outside the law, the Attorney General’s Office reported that 25 of the 29 cases had been prioritized after considering the evidence, feasibility and viability of the investigation and the effectiveness of the prosecution. Of the 25 cases, the information indicates that 20 are in the investigation stage and five are in the trial stage. The Prosecutor’s Office also reported that sentences had been handed down in relation to two cases and that in one case the sentence determination stage had been reached after an anticipated sentence.
Likewise, the investigative body of the ICC indicated that it received information from social organizations expressing their concern about aspects of the judicial processes that are under the scrutiny of the international court. “Among the concerns expressed are the alleged lack of coordination and cooperation within and between jurisdictions in Colombia; the need to standardize the investigative activities among all the macro cases carried out by the JEP, as well as to establish clear criteria to evaluate the contributions to the truth. In addition, the Office of the Prosecutor received information that describes the challenges regarding the ability to investigate and prosecute civil third parties within the framework of the ordinary justice system, ”the document reads.
The ICC Prosecutor’s Office also reports that this high court investigation body has also followed the difficult situation in Colombia regarding “the deterioration of the security situation of human rights defenders and of the communities affected by the armed conflict. The Prosecutor’s Office also notes that the level of violence in rural areas, including areas previously occupied by the FARC-EP, has increased significantly. According to the available information, among the main causes of the increase in violence are the ongoing disputes for the control of illicit economies between multiple criminal groups and transnational criminal organizations ”.
