The Council of State denied the request to suspend the obligations that the National Government imposed on the former FARC for the preparation of an inventory of the assets of that organization, which also implies keeping them in its custody until the delivery process is completed. as an act of reparation to the victims of the armed conflict.
Pastor Alape, reincorporated from the extinct guerrilla, presented a precautionary measure that claimed the nullity of some sections of three decrees, with which the Government regulated the obligations of the demobilized persons responsible for the inventory, agreed in the peace agreement in Cuba.
According to the former guerrilla, imposing the obligation to carry out the inventory, care and delivery of the goods goes beyond the commitments assumed by the demobilized in the peace agreement. In his opinion, with this imposition The Government “not only exceeded its powers, but also neglected the duty to comply, in good faith, with the pact that put an end to the hostilities between the public force and the FARC, and that gave rise to the reincorporation of its militants into civilian life”.
The Council of State denied this request, indicating that the regulations issued by the Government were within its competence and that the President of the Republic was empowered to issue the necessary regulations in order to materialize the end of the conflict.
In addition, it considered that the duties imposed on the demobilized to guarantee the delivery of the goods are necessary to comply with the norms agreed upon in the peace agreement, to allow their delivery and include them in an autonomous patrimony that will constitute a victims’ fund.
However, this decision is not final, since it is necessary to study in depth whether or not it conforms to the legal system. Alape’s claims will be heard at a hearing called by Judge Roberto Serrato. There he will also explain that the Government has the task of making these assets effective in an autonomous patrimony with which the victims will be the beneficiaries.