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The bill “Through which the investigation and prosecution of criminal organizations are strengthened and measures are adopted to subject them to justice” (Congress of Colombia, July 9, 2018, DO: 50,649), aims to guarantee the termination of the criminal actions of criminal organizations through two strategies: the first, aimed at strengthening the specific system of procedural and investigative norms and mechanisms that allow prosecutors, judges and servants with judicial police functions, to effectively confront timely and effective to these organizations. The second defines a special procedure for subjecting organized armed groups to justice, without this meaning at any time, their political recognition or the application of transitional justice mechanisms (Congress of Colombia, Gaceta 84, 2018).[1].
The exposition of the reasons for this law was clear and forceful, its object was not precisely a state policy, for the shelter of the different actors of the armed conflict, other than the guerrillas who, who have been recognized as their own and only deserving ones (of political negotiation?).
Now, at the beginning of this writing, it was noted that this law is incorrectly called submission, because it came with a completely different strategy than the bill that was submitted to the Congress of the Republic, known as the law of submission and shelter to justice for members of criminal organizations, who contribute effectively to the achievement of security and coexistence in the territories, this project was presented in congress with number 119 of 2017[2].
It is a mistake to affirm that only through the submission of those armed actors of the internal non-international conflict such as the one Colombia endures (we have been there for more than 60 years and counting), be the most just solution with the rights of the victims to truth, justice, reparation and perhaps most importantly, the guarantee that the suffering that war causes so much will not be repeated.
Some citizens, politicians, journalists and even some academics think that just by subduing an illegal armed group, and taking them all to the worst dungeons so that they suffer and “pay” for all the evil they caused or with policies of extermination with bullets and bombings, the conflict in our country will be resolved and the suffering will cease; How far from reality are all those who, due to their devious desire for prominence, to obtain political benefits or to captivate with fake news, invent any theory that justifies their emboldened fight against historical reality.
So many years of violence in Colombia have led a sector of the population to think and only admit punishment as the only way to stop those who are outside the law. The conflict has left us with countless social wounds that are difficult to heal and, if we continue doing the same thing and expecting different results, it will be impossible to close and advance reconciliation.
A few days ago, voices and cries were heard from those who promoted the disastrous and useless Law 1908 of 2018, stating that for the armed actors in the Colombian conflict, only the aforementioned law could be applied to them, but they forget, from the comfort of their desks, the protection of their bodyguards and armored cars that, those of us who are ordinary citizens, the peasants, the inhabitants of the city communes and in general the vast majority of Colombians who do not enjoy these benefits, long for other social and legal instruments that They allow us to move from illegality to legality and be able to live with peace of mind without having to envy the private protection of our lives and property.
As if that were not enough and for those who, I reiterate, continue to defend the aforementioned Law 1908 of 2018, it is valid to remind them that under the rule of that Law, no one submitted, no one believed in its pacifist spirit, and who was going to believe it when for a On the one hand, there was talk of submission for the great reconciliation, on the other, prison sentences were increased, the unconstitutional increase in the term of preventive detention (faithful attack on the principle of progressivity), and the unconstitutional persecution against lawyers and other threatened and inhibited professionals. in their professional practice, if they dare to represent any of these groups.
If we are going to talk about peace, let us not miss the Submission Laws and even more so those useless, outdated and unconstitutional ones such as Law 1908 of 2018.
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[1] Recuperado de: [2] Recuperado de: ley-119-de-2017
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The post Law 1908 of 2018, the misnamed Law of Submission appeared first on Minuto30.
2024-10-30 03:46:00
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