The disagreement of Ivan Marquez: the authorized contradictions of the negotiations with the Second Marquetalia

“Wálter Mendoza” and “Iván Márquez”, members of the Second Marquetalia, along with the Excessive Commissioner for Peace, Otty Patiño, and Armando Novoa, head of the Authorities delegation.

Picture: Workplace of the Excessive Commissioner for Peace

After at the least 4 months of rapprochements and a secret step, the Authorities and the dissent known as the Second Marquetaliathey agreed that the date can be added the dialogue desk shall be put in on June 24 in Caracas, Venezuela. The announcement – which contained a number of pictures exhibiting “Iván Márquez,” the commander of that armed group – raises a number of considerations, together with how the authorized state of affairs of a few of the members of that aviation shall be resolved.

That disagreement, which noticed the sunshine August 29, 2019, created by “Marquez” together with Seuxis Pausias Hernández (“Jesús Santrich”), Henry Castellanos (“Romaña”) and Hernán Darío Velásquez (“el Paisa”), 4 former commanders of the extinct FARC guerrillas, stated, after the Settlement Signing peace, they returned to arms. Of these solely “Márquez” survives. The opposite three died in Venezuela in circumstances that haven’t but been clarified.

he The set up date was introduced after a gathering held by the events in that nation this weekend and the place they met, amongst others, the Excessive Commissioner for Peace, Otty Patiño, “Márquez” himself, and Armando Novoa, the chief of the Authorities delegation in that course of.

There have been additionally members of that professorship reminiscent of José Vicente Lesmes, identified throughout the battle as Walter Mendoza; Giovanni Andrés Rojas, Spiderthe highest chief of the Border Command group, with affect in Putumayo.

As well as, representatives of Cuba, Norway and Venezuela, Monsignor Héctor Fabio Henao, consultant of the Bishops’ Convention and Raúl Rosende, Deputy Particular Consultant within the UN Verification Mission in Colombia, took half. Based on the doc signed by the events, These Governments will act as guarantors, and the consultant of the Normal Secretary and the Convention of Bishops shall be their everlasting companions.

The primary cycle of negotiations will happen from 25 to 29 Juneadditionally in Caracas, agree on the particular matters of the introduced factors and protocols.

To “renegotiate” with those that have left the Settlement

The most important impediment to those negotiations is the difficulty of safety measures. transitional justice, as a result of those that left the Peace Settlement can not go to the Particular Jurisdiction for Peace (SPJ).

“That is likely one of the greatest challenges of with the ability to transfer firmly in direction of an settlement with the Second Marquetalia. It’s a nervous difficulty that the Authorities, not solely by means of this delegation, however the Workplace of the Excessive Commissioner itself and the opposite state businesses accountable for the matter, should look at intimately to discover a manner that enables, if attainable. this course of is superior, so {that a} formulation may be obtained that it doesn’t forestall the removing of males and weapons from the territories“Novaa advised Colombia+20.

Diego Martínez, a member of the authorized workforce within the 2016 peace course of, ensures that the issue just isn’t solely the best way to implement transitional justice devices, however whether or not or not it’s attainable to barter with that group. . “We may verify that those that, as signatories, have the prerogative, in gentle of our felony laws, to take up arms once more in opposition to the State could possibly be labeled as political criminals. It will give the Authorities a chance keep political negotiations“, Clarify.

As for the best way to combine repeat offenders right into a attainable transitional justice system, he says that may’t be finished with out a constitutional modification. “Particularly, it should be finished as a result of a part of the negotiations is a reform of transitional Article 66 of legislative act 01 of 2012 “which establishes the impossibility of making use of transitional justice devices to any member of an armed group who continues to commit crimes, as soon as he’s immobilized,” he explains.

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The opposite difficulty that’s on the radar is that, among the many causes given for the disagreement of “Márquez“, it was a violation of the Peace Settlement and a entice. On this regard, Novoa declares that one of many requests of the Second Marquetalia, that’s, what had been the explanations for the armed riot.

In reality, within the nine-point doc issued by the events, it consists of an article detailing that request: “The Interpretation of the Second Marquetalia he’ll state on the dialogue desk his causes for the armed riot, amongst them, the non-compliance and arrest of the Peace Settlement of 2016″, he says.

For the trainer Tania Lunadirector of the doctorate in authorized sciences at Javeriana, professional in constitutionalism, peace and reminiscence, though it’s preliminary to find out how this course of will progress, It could possibly be analyzed whether or not what we would like is to hunt a “new institutionalism”.

“Level 5 of the doc launched by the Authorities yesterday states that this negotiation consists of design, implementation, implementation and verification of compliance. This permits us to assume {that a} new institutional framework is anticipated, maybe different instances in order that they will overcome these authorized issues,” he explains.

“Level 5 of the doc issued by the Authorities yesterday says that these negotiations shall be guided by the precept of the settlement that has been agreed, which is fulfilled, after which it says that it consists of design, initiation, implementation and verification of achievement. This permits us to assume {that a} new institutional framework is anticipated, maybe different instances in order that they will overcome these authorized issues. We now have to see if it is price it,” he explains.

An in depth report printed final March by UN professional Antonia Urrejola, on the request of the then Minister of Overseas Affairs, Álvaro Leyva to the UN Safety Council, concluded that there have been obstacles repeatedly on the Peace Settlement and though she didn’t qualify the case of Jesus Santrich as “entrapment” he stated that there was an agent initiator who just isn’t thought-about a particular investigative method throughout the framework of worldwide judicial cooperation and which is prohibited in Colombia.

The Workplace of the Prosecutor Néstor Humberto Martínez Santrich knowledgeable as a part of a construction that shipped medicine to the US. After being linked to a drug trafficking trial, he deserted the Peace Settlement and based the dissident group Second Marquetalia along with Iván Márquez.

Journalist Edinson Bolaños, from Colombia+20, uncovered Santrich’s case in 2020 investigation which fueled fierce controversy and reached the judicial courts.

In context: An “agent promoter” can be used within the case of an arrest in opposition to Santrich: a UN professional

As for whether or not this report may assist unblock the authorized state of affairs of the Second Marquetalia negotiators, Martínez explains: “Principally, this determination, added to a radical investigation by the Colombian justice system, may assure the restoration the reliable belief of Colombia all victims and people who are armed within the peace processes. This determination addresses the irregularities of the felony proceedings carried out by the prosecutor’s workplace on the time in opposition to Mr. Jesús Santrich.”, cube.

The factors of the doc

The signature textual content begins with the assertion “A broad social mobilization is required to maneuver in direction of a big nationwide political consensus primarily based on the facility of the dominant folks.“.

With the thought of ​​an elector within the air and the general public assist given by “Márquez” to President Petro’s proposal, this level attracted consideration. However Novoa denied that was the case.

“There’s discuss of a pluralistic nationwide settlement, however not of an citizens. For us, this settlement has a unique which means and which means than it has for the Second Marquetalia. However the way in which this interpretation is placed on the doc is to search for a path that enables to behave in opposition to the violence, to cut back the influence on the inhabitants and, in our opinion, to achieve the best variety of fighters from the Second Marquetalia. of the territories. It doesn’t essentially imply an meeting, however it implies the necessity for work primarily based on an settlement that provides to assist efforts in order that whole peace can attain the suitable course,” he stated.

Different factors are the rejection of kidnappings for financial functions and prioritizing dialogue with businessmen, farmers and retailers. As well as, the doc states that “measures shall be taken to strengthen the de-escalation of the battle within the areas of presence of the Second Marquetalia.”

Melting: The story of the Second Marquetalia, a FARC dissident that began a peace course of

As well as, it was agreed on “the speedy development of peace territories, which is able to allow a brand new group of political, financial, social, cultural and environmental life.” Based on Novoa, it’s not but identified what these areas are and what, the truth is, will start to be mentioned throughout the first cycle.

The doc additionally features a transient dialogue agenda with 5 details: de-escalation of the battle and readiness of peace territories, development of peace territories; victims as a transformative social topic; situations for peaceable coexistence; and eventually implement and confirm.

This peace course of is joined by different Authorities-led negotiating boards: one with the Nationwide Liberation Military (ELN) and one other dissident from the defunct FARC, often known as the Normal Central Workers (EMC). Though progress has been made with the ELN in one of many longest ceasefires and the settlement on the primary level of the agenda has already been signed, the method for that interim “suspended” on account of a regional dialogue that the Authorities is conducting with a splinter entrance of the ELN in Nariño.

With the EMC, negotiations proceed, besides with some constructions that determined to remain on the desk after the interior division suffered by the armed group.

The arrival of the Second Marquetalia is seen by many consultants as a rescue for Márquez, who continues to be recovering from severe accidents after struggling an assault about which little is thought and whose restoration couldn’t be consolidated. However maybe it could possibly be a bit extra negotiation for the Authorities which has so as to add outcomes to its dedication to whole peace.

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