2024-07-05 06:01:19
The Amnesty or Pardon Chamber of the Special Jurisdiction for Peace (JEP) has closed the non-compliance incident procedure against Elí Mendoza, known as ‘Martín Sombra’, former member of the FARC-EP. The decision was made after determining that There is insufficient evidence to conclude that Mendoza has breached the conditionality regime to which it is subject.
He The process against ‘Martín Sombra’ began after he was accused by the Attorney General’s Office of the Nation for the crime of aggravated extortionate kidnappingrelated to events that occurred after the signing of the Final Peace Agreement. This statement was seen as a possible indication of non-compliance with the obligations assumed by Mendoza when submitting to the JEP. Currently, the criminal process in the ordinary courts is at the oral trial stage and Mendoza faces it in freedom due to expiration of terms.
As part of the process, the Amnesty or Pardon Chamber interviewed Mendoza on June 6, 2023. In the interview, Mendoza explained that he did not respond to calls from the Comprehensive System for Peace because he was deprived of his liberty due to the criminal proceedings against him and was not informed of the summons to the detention center. In addition, he mentioned health problems that prevented him from attending the court proceedings.
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Mendoza has also appeared in Case 07, which investigates the recruitment of minors in the armed conflict, on December 5, 2022 and January 23, 2023, where he made contributions to the truth and expressed his willingness to respond to any request from the Comprehensive Peace System.
The JEP magistrate concluded that Mendoza’s absences were justifiedfirstly due to his deprivation of liberty without adequate advice, and secondly due to his health problems. Therefore, he decided to close the non-compliance incident procedure against him.
In this first instance decision, which allows for reconsideration and appeal, the Amnesty or Pardon Chamber reported that the JEP will continue to supervise Mendoza’s compliance with his obligations and will be attentive to the outcome of the criminal proceedings in the ordinary courts. A possible conviction could affect his legal situation before the JEP.
In another recent decision, the Amnesty or Pardon Chamber rejected Mendoza’s request to be included in the National Government’s list of people accredited as members of the former FARC-EP, since he demobilized individually in 2010.
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