Special Jurisdiction for Peace in Colombia
The special jurisdiction for peace is the component of justice of the comprehensive system of truth, justice, reparation and non-repetition, created by the peace agreement between the National Government and the FARC-EP. The JEP has the function of administering transitional justice and knowing the crimes committed within the framework of the armed conflict that had been committed before December 1, 2016.
The JEP was created to satisfy the rights of victims to justice, offer them truth and contribute to their repair, with the purpose of building a stable and lasting peace. Its mission is to seek justice to establish the transition to peace and restore the social fabric, by guaranteeing the rights of victims and the legal certainty of the appearing parties.
This strategy is important, because it will launch judicial and extrajudicial mechanisms to ensure that the rights of victims are satisfied, ensure accountability, coexistence, reconciliation, non -repetition and legal certainty for those who participate in the system.
However, to understand the special jurisdiction for peace it is important to review the history of conflict to which Colombia has been subjected. The history of this country has been cruelly marked for around sixty years by war;In the beginning, the unequal distribution of the land and the lack of spaces for political participation accommodated the use of violence and armed struggle. A method that in the following years was reinforced with the emergence of drug trafficking, drug trafficking, the presence of new political actors and armed in a context of revolutionary struggle, cold war and war against terrorism that have been transforming the conflict into their reasonof being and subsistence methods.
It should be noted that armed groups have justified the use of violence as a means to change the social problems that arise in Colombian society, however, this method has done is to create more violence.
It is important to clarify that the internal war is a conflict that presents variables that dialogue with the past, originally linked to the struggle for political purposes and social changes, but at the same time, they recreate with the logics of the present where it acquires certain dynamics typical ofThe new wars. In reality, several factors have agreed to increase the degradation of war, novel against the typical dynamics that had characterized violence in Colombia until the 1980s among them, arms trafficking, drug trafficking, the exacerbation of the kidnapping andThe false positives. Which generates a permanent state of playful play that extends for years.
One of the practices that have been relevant during the conflict has been kidnapping, understood by Colombian legislation as «all retention against the will of people, with the purpose of asking for change of their freedom a specific utility to take out some benefit»1, constitutes one of the most serious types of violation in relation to fundamental rights simple kidnapping. In any case, extortion kidnapping, either for political economic purposes, is the most impact on the country. For this reason, in the course of this work this type of crime will be given greater emphasis. Many causes explain extortion kidnapping in the country, however, two of them are the highest incidence.
The first is of a political nature, with it, not only the control of the territory is sought through the domain of public finance positions, but also, to influence those decisions of the Colombian State the second, of an economic type, seeks first and foremost a source ofresources to finance the war activities of the group that practices it.
From 1962 to 2004, they have been kidnapped in Colombia 26.343 people for extortive purposes (60.6% of the total kidnappings that occurred in that period). Currently, extortion kidnapping is an important source of financing for illegal armed groups;According to Trujillo, B. (1998) "Guerrillas for kidnapping guerrillas represent approximately 22% of their finances", so that the guerrillas use the kidnappings as a method of livelihood.
Now, the term ‘false positives’ occurs in 2006. It was used as a reference form to the assemblies of attacks by state agents to blame illegal armed groups and collect the revenues of their deactivation, these events are announced by the outbreak of the scandal of false positives inSoacha, Cundinamarca, in which missing young people in that municipality were killed and presented by the Army as guerrillas dead in combat in Ocaña, Norte de Santander.
It should be noted that, the document issued by the Recognition of Recognition, of Responsibility and Determination of the facts and behaviors with which the Special Justice for Peace (JEP) opened the 003 case in July 2018. The Transitional Jurisdiction Recognition Chamber cited data from the Popular Research and Education Center (CINEP), which registered 1.741 victims from 1984 to 2011;of the Colombia-Europa-United Coordination (CCEEU), a group of social organizations, which counted 1.257 from 2002 to 2014;as well as data from the Prosecutor’s Office, which realized 2.248 deaths between 1988 and 2014. Given this, it is important to clarify that many of these deaths are extrajudicial executions.
Extrajudicial executions are "all acts and omissions representative of state that constitute a violation of the general recognition of the right to life embodied in the Universal Declaration of Human Rights" and other international treaties, that is, it passes the murder of civilians as civilians asVictims of combat without these is a clearer form of an extrajudicial execution. Ávila, A (2019) states that, “in Colombia, the history of extrajudicial executions is long, it is believed that more than 8 can be.000 Colombians, although the violent period occurred in the two administrations of Álvaro Uribe ”.
It is important to look at the approach or perspective that the media have given to this issue and how they have addressed the same, so that, then it will show part of the investigation done by Moncada, J (2010) in whichThis shows the activity of newspapers in relation to this topic:
According to the paintings, we can see that the total articles tracked in the 3 media were 428, of which 153 (36%) are of "Week Magazine", 133 (31%) of "El Espectador" and 142 (33%) of "The Time". What makes clear that week was the medium that gave the most coverage to the theme of false positives despite being the only means of the three that is of weekly publication. As for the victims of the false positives: "Week" published a total of 22 articles (38%), "El Espectador" 16 (26%) and "El Tiempo" 21 (36%) (see table 3 and 4), where we concluded that "week" was the means that gave the most coverage to this axis and follows it "the time" very close. We can say that the 3 media fulfilled their share of social responsibility.
Finally, I consider that the conflict in Colombia, has not only left deep scars within the social veil, but has also left us precedents about what was, is and will be our country. The kidnapping, false positives, murders and terrorist acts have been the protagonists within our history as a country, but there is still hope that this situation improves. However, this precedent of violence serves us to understand our present and be able to aspire to a different future.
References
- Moncada, j. (2010). Media treatment to the theme of false positives in Colombia (week – the spectator – El Tiempo). Javeriana university. Bogotá. Recovered from https: // repository.Javeriana.Edu.CO/BITSTREAM/HANDLE/10554/5472/THESIS486.PDF?sequence = 1 & isalowed = y
- Avila, a. (2019). False positives in Colombia. The country. Recovered from https: // elpais.com/international/2019/05/28/Colombia/1559060232_419756.HTML
- Alvear, j. (2019). In memory of the professor and union leader Santos Mendivelso Cocunubo killed by the Sijin in 1991 presented as dead in combat. Collective press. Recovered from https: // www.collective -listed.org/?En-memory-of-professor-y-lider-syndical-saentos-mendivelso-cocunubo
- Tickner, A, Cepeda, C. (2011). Illicit drugs in the Colombian United States relationship. In: Gaviria, Alejandro;Mejía, Daniel (Org.). Anti -drug policies in Colombia: successes, failures and loss. Bogotá: University of Los Andes, 2011.
- Trujillo, e. Badel, m. (1998) ‘The economic costs of crime violence in Colombia: 1991-1996. Bogotá. Recovered from: https: // collaboration.DNP.GOV.CO/CDT/MAGAZINEPD/2004/PD_VXXXV_N2_2004_art.7.PDF
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