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September 26th, 2015 
Awake Goy 
Christof Lehmann (nsnbc) : Colombia has come one step closer to ending the over five-decades-long civil war as Colombian President Santos and FARC leader Timoshenko, helped by Cuban President Raul Castro, adopted a new landmark accord with a handshake.
Colombian President Manuel Santos shakes hands with FARC leader Timochenko in Havana on Wednesday (Justice for Colombia).
Peace talks between the peace delegations of the Colombian government and the Revolutionary Armed Forces of Colombia – Peoples’ Army (FARC-EP) have been ongoing in the Cuban capital Havana since 2012.
The conflicting parties have previously reached several preliminary agreements , including agreements on rural reform, political participation and an agreement on illicit drugs. The latter included comprehensive measures to empower farmers and rural communities so as to become independent on growing illicit crops to survive.
On Wednesday the peace delegations reached another landmark agreement. Importantly, the agreement was sealed with a handshake between Colombian President Juan Miguel Santos and FARC-EP leader Timoshenko, helped by Cuban President Raul Castro.
The full text of the latest accord has not yet been made publicly available. The parties have, however, published a 2-page summary of the “Joint Communique On The Agreement For The Creation Of A Special Jurisdiction For Peace”.
The Special Jurisdiction For Peace – Integral System for Truth, Justice, Reparation and Non Repetition
The Government and the FARC-EP reaffirmed their commitment to the previous agreements and their commitment to a formula for justice that aims at satisfying the rights of the victims on all sides of the protracted conflict as a contribution to reaching a lasting peace. It is within this context that the conflicting parties agreed to establish an Integral System for Truth, Justice, Reparation and Non Repetition. The joint statement reads:
In this context we have agreed for a Commission for Truth, Coexistence and Non Repetition to be created and we have reached important agreements on the field of victim reparation.
The parties note that there is a justice component to the agreement that aims at the establishment of a Special Jurisdiction for Peace to be equipped with Justice Chambers and a Peace Court. The parties agreed that:
The Chambers and the Court will be composed mostly by Colombian judges and will count on the limited participation of international experts who will comply with the highest requirements. The essential function of the Chambers and Peace Court is to end impunity, know the truth, contribute to the reparation of victims and judge and impose sanctions against those responsible of serious crimes committed during the armed conflict, particularly the most serious and exemplar, guaranteeing they will not be repeated.
The agreement also stresses that the Colombian State, once all hostilities have ended, will emit the widest amnesty possible for political and related crimes. The parties agreed that:
An amnesty law will define the scope of the related crimes. In any case, those crimes typified in the national legislation will not be beneficiary of amnesty nor indult and these include crimes against humanity, genocide, torture, forced displacement, forced disappearance, extrajudicial executions and sexual violence. These crimes will be subjected to investigation and judgment by the Special Jurisdiction for Peace.
The Special Jurisdiction for Peace will deal with all those who directly or indirectly have participated to the internal armed conflict, including the FARC-EP and State agents, accused of crimes committed in the context of the reason of the conflict, and in particular the most serious and exemplar cases.
Comparable to the South African model for peace and reconciliation, the government and the FARC-EP agreed that the Special Jurisdiction for Peace considers two types of procedures: one for those who acknowledge the truth and responsibility and a second one for those who don’t do so, or do it late. The first group will be sentenced based on the behavior recognized after being compared by the investigations carried out by the General Attorney of the Nation, the sanctions imposed by other State institutions, existing sentences, as well as the information provided by victims and human rights organizations. The second ones will face a judgment in court.
The sanctions imposed by courts will principally aim to satisfy the rights of the victims on all sides of the conflict as a means of consolidating peace. The government and the guerrilla agreed that there shall be the greatest possible focus on restorative and reparative functions with regard to harm and damages caused during Latin America’s longest civil war. The parties noted that:
All those who acknowledge their responsibilities on crimes within the framework of the System, will be subjected to a sanction including the restriction of freedoms and rights, guaranteeing its restorative and reparative nature through the realization of work and activities and in general the respect of the rights of victims. The sanctions for those who acknowledge very serious crimes will last for a minimum period of 5 years and a maximum of 8 years in prison, under special conditions. Those who admit their responsibilities later will be serving 5 to 8 years in prison under ordinary conditions. In order to have access to alternative sanctions, the beneficiary will be required to commit to contributing to his resocialization through work, study during the time he/she will be denied freedom. The people who don’t acknowledge their responsibilities for such crimes but are found guilty, will be sentenced to prison for up to 20 years in ordinary conditions.
Another similarity to the South African model for peace and reconciliation is that one precondition to receiving any special privileges within the framework of the Special Jurisdiction for Peace it is necessary to contribute with the full truth, to repair the victims and to guarantee non-repetition.
The FARC-EP, for its part, agreed that its participation to this integral system includes the abandonment of arms, beginning latest within 60 days of the signature of the Final Agreement. The FARC-EP will then be transformed into a legal political and popular movement in accordance with the previously reached agreement on political participation.
A very important point of the latest accord is that all crimes, also those crimes that could fall under international jurisdictions, will be codified in Colombian legislation. The measure mitigates the risk that foreign powers could attempt to hijack the judicial aspects of the peace process for geopolitical reasons as it has been witnessed in quasi-legal special tribunals or highly politically charged trials at the International Criminal Court (ICC).
CH/L – nsnbc 26.09.2015
Source Article from http://nsnbc.me/2015/09/26/colombian-government-and-farc-sign-landmark-accord/
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