We are pleased to publish today the Observatory's first newsletter, with the intent to continue publishing these newsletters every fortnight. This Newsletter No. 1 offers information on 1) the implementation of the SJP's normative framework; and 2) the progress of the prioritized cases in the SJP.

Newsletter No 1. Observatory on the SJP

November 22, 2019

Newsletter # 1

Translated with the support of United Nations Online Volunteering and the volunteers Lilian Kassin, María Alejandra Saldarriaga and Alejandro Gallegos

The Colombian Commission of Jurists (CCJ for its Spanish acronym) has promoted for over 30 years the protection and guarantee of international human rights law (Human Rights) and international humanitarian law (IHL) in the country and has supported negotiated conflict resolutions, seeking to guarantee the rights to truth, justice, and reparation for victims and the adoption of the necessary measures to avoid the repetition of events.

On March 29, 2017, the Special Jurisdiction for Peace (SJP), a justice component of the Comprehensive System of Truth, Justice, Reparation, and Non-Repetition (CSTJRNR) established in the Final Peace Agreement entered into force through Legislative Act 01, 2017. Its magistrates took office on January 15, 2018, and on March 15 of the same year, it opened its doors to the public. To monitor and conduct oversight on the SJP's operations and performance in order to guarantee the victims' rights, the CCJ has created the SJP Observatory, which seeks to provide updated information on the processes carried out by the SJP, as well as useful inputs for litigation and advocacy before this jurisdiction, from the perspective of contributing towards ensuring the attainment of victims' rights in a best possible manner.

1. The implementation of the SJP's normative framework

Point 5.2 of the Final Peace Agreement established the creation of the SJP as a judicial mechanism of the Comprehensive System of Truth, Justice, Reparation, and Non-Repetition (CSTJRNR) to safeguard the guarantee of victims' rights, as they must be central in the transitional justice process.

The normative implementation of the Final Agreement, concerning the SJP, resulted in the issuance of a constitutional reform, three laws, a law decree, and thirteen decrees.¹ Likewise, once the SJP was created, it issued its own internal regulations. The following Table 1 identifies the main legal norms that regulate the SJP's performance.

Table 1. The implementation of the SJP's normative framework ²

Legal norm	What this norm regulates
Law 1820 of 2016 (See its Spanish version here)	It includes duties of the Chamber of Amnesty or Pardon (SAI for its Spanish acronym) and the Chamber to Determine on Legal Situations (SDSJ for its Spanish acronym). It includes amnesty proceedings and special criminal treatment, which are not de jure. Note: This Law was regulated through Decrees 1252 and 1269 of 2017, and 522 of 2018. In turn, Decree 700 of 2017 reiterated the appropriateness of habeas corpus action for undue prolongation of the deprivation of freedom due to the non-application of Law 1820.
Decree-Law 277 of 2017 (See its Spanish version here)	It regulates the de jure amnesty established in Law 1820 of 2016 for persons deprived of freedom for political and related crimes, establishing its scope and the procedures to grant it. It regulates the system of conditional freedoms for persons deprived of liberty for crimes that are not subject to de jure amnesty and the procedures for accessing the latter.
Legislative Bill 01 of 2017 (See its Spanish version here)	It creates the Comprehensive System of Truth, Justice, Reparation, and Non-Repetition and, within this, the SJP as the component responsible for administering justice in a transitory and autonomous manner concerning the acts committed before December 1, 2016, at the time or in relation with the armed conflict, by those who participated therein and who meet the requirements to subject themselves to it. It establishes within the SJP's objectives to satisfy the victims' right to justice and the protection of the rights of the victims.
Decree 706 of 2017 (See its Spanish version here)	It regulates transitional benefits or differentiated criminal treatment for State agents.
Agreement 001 of 2018. Regulations of the SJP (See its Spanish version here)	It regulates the organization and operation of the SJP, mainly regarding: the sessions; the Governing Body; the SJP's presidency and vice-presidency, the Chambers of Justice and the Sections of the Tribunal; the Chamber, sub-chambers, Sections, and sub-sections; the Information Analysis Group (GRAI for its Spanish acronym); the Judicial Secretary; the Rapporteur; the Investigation and Prosecution Unit (UIA for its Spanish acronym); the Executive Secretary; the coordination with ethnic justices; the Commissions; among others.
Law 1922 of 2018 (See its Spanish version here)	It regulates the proceedings that take place before the SJP, including: The guiding principles of the SJP: effectiveness of restorative justice, dialogical proceedings, differential approaches and territorial diversity, pro homine and pro victim principles, due process, good name and gender approach. The procedure for the accreditation of victims, whose requirements are the demonstration of being a victim of a crime and the desire to participate in the proceedings, and the submission of, at minimum, preliminary evidence of their condition of the victim (such as the account of the victimizing events or accreditation of inclusion in the Unique Registry of Victims). The applicability and processing of resources for reversal, appeal, and complaint. The applicability and processing of precautionary measures. The proceedings in cases of the recognition of truth and responsibility before the Judicial Panel for Acknowledgement of Truth and Responsibility and Determination of Facts and Conducts (SRVR for its Spanish acronym) and the Chamber in Cases of Acknowledgment of Truth and Responsibility. This includes the proceeding for rendering the voluntary statements and the presentation of observations thereon, the public hearing on the recognition of truth and responsibility, the evaluation of conformity and the verification hearing. The proceedings in cases of lack of recognition of truth and responsibility before the First Instance Chamber in Cases of Absence of Acknowledgement of Truth and Responsibility and the role of the Investigation and Prosecution Unit therein. This includes the filing and transfer procedure for the indictment, the initial public hearing, the trial, and the restorative hearing. The proceedings before the Judicial Panel for Amnesty or Pardon (SAI for its Spanish acronym) for the granting of amnesties and pardons, and for third parties and agents of the State not members of the Public Force who express a willingness to subject themselves to the process of the SJP. The proceeding before the Judicial Panel for Determination of Legal Situations (SDSJ for its Spanish acronym) and the processing of requests for waiver of criminal prosecution, for the ineligibility and dissolution of proceedings for crimes committed in the circumstances related to the exercise of the right to protest. The proceedings before the Revision Chamber regarding the substitution of criminal sanction and review of sanction decisions or guilty verdicts issued by another jurisdiction. The proceeding before the Appeals Chamber to request interpretative judgments. The proceeding in the event of non-compliance with the unconditional regime and sanctions. In general, the participation of victims in the proceedings carried out by the various Judicial Panels and the Peace Tribunal of the SJP.
Statute Law 1957 of 2019 (See its Spanish version here)	It includes the interpretative criteria and the operating principles of the SJP, as well as its structural elements, including: The interpretive criteria of the SJP, such as the guarantee of the rights of victims, jurisdictional integration, prospective justice, comprehensive reparation for victims, respect for international law, and the guarantee of human rights. The rights of the victims as the central axes for every action of the SJP, and guarantees for their participation in the different proceedings. Matters related to amnesties, differential special criminal treatments for State agents and the freedoms regime. The competency of the SJP, its general structure, and the duties of the Judicial Panels, the Chambers of the Peace Tribunal, the Investigation and Prosecution Unit (UIA), the Governing Body, the Executive Secretary, the Autonomous System for Legal Advice and Defense. The types of sanctions (own, alternative, and ordinary), their duration, their apportionment criteria, and their verification. The reversal and appeal recourses and the writ of protection for the constitutional right (tutela) against the SJP's decisions. The applicability of extradition of the people appearing before SJP. Collaboration with the SIVJRNR and cooperation to access information on Justice and Peace proceedings.

Own elaboration

2. Progress in prioritized cases of the SJP

The Judicial Panel for Acknowledgement of Truth and Responsibility and Determination of Facts and Conducts (SRVR), employing prioritization criteria³, has opened seven cases or situations⁴. Figure 1 below shows the key progress of the SRVR in these cases.

Figure 1. Key progress in prioritized cases of the SRVR

Case 001. Illegal detentions of people by the FARC-EP	SRVR assumed this Case through Order 002 of July 4, 2018. On January 17, 2019, SRVR ordered 31 members of the FARC-EP Central Command appearing in the Case to submit a voluntary statement between February and March 2019⁵ and on April 4, 2019, called 16 additional people appearing before SJP to submit a voluntary statement between June and August 2019⁶. On April 11 and August 6, 2019, it transferred the claims for truth of the victims to people appearing before SJP⁷. On July 12, 2019, it ordered the victims of the Case to be summoned between July 17 and 30 and August 14 and 28 of the same year.⁸ After 24 Central Command and eight mid-command members rendered their individual voluntary statements, it received a collective written statement from the respondents on September 23, 2019⁹. Hereafter, it ordered the collective statement to be broadened in territorial hearings between November 18 and December 6, 2019¹⁰. As of November 14, 2019, 1,276 victims had been accredited in this Case¹¹. Starting on July 23, 2019, the SJP began to implement a public territorial strategy to summon victims interested in accrediting themselves and make the proceeding easier for them¹². Current status: The receipt of outstanding voluntary statements continues / Presenting observations on the voluntary statements transferred to victims.
Case 002. Territorial situation of the municipalities of Ricaurte, Tumaco and Barbacoas in the department of Nariño	SRVR assumed this Case through Order 004 of July 10, 2018. On January 14, 2019, it ordered 11 former FARC-EP members appearing before SJP in this Case to deliver voluntary statement between February 14 and March 8, 2019.¹³ As of November 5, 2019, over 5,000 victims had been accredited in this Case.¹⁴ Current status: The receipt of outstanding voluntary statements continues / Presenting observations on the voluntary statements transferred to victims.
Case 003. Illegitimately perpetrated deaths presented as combat casualties by Agents of the State	SRVR assumed this Case through Order 005 of July 17, 2018. Subsequently, it prioritized six territories within the framework of the Case: Catatumbo (Mobile Brigade N.15 and Francisco de Paula Santander Infantry Battalion); Norte del Cesar (Artillery Battalion N.2 "La Popa"); Casanare (Brigade 16), Antioquia (Artillery Battalion N.4 "Jorge Eduardo Sánchez"); Meta (Infantry Battalion N.21 "Battle of the Vargas Swamp"); Huila (Infantry Battalion N.27 "Magdalena"). It began collecting voluntary statements as of August 22, 2018¹⁵. On December 7, 2018, it ordered the transfer of the first 41 voluntary statements to the accredited victims so they may submit in turn their comments¹⁶. On May 13, 2019, it ordered the transfer of new statements to the victims¹⁷. On July 3, 2019, according to the provisions of Order 080 of March 28, 2019¹⁸, the victims participated for the first time in a hearing for the voluntary statements.¹⁹ On July 16, 2019, it set for September 16, 2019, the submission of written comments to the voluntary statements. On August 12, 2019, it ordered the transfer of new statements to the victims²⁰. On September 19, 2019, it declared that the victims connected to the deeds perpetrated in Soacha and Ocaña would present their oral observations to the voluntary statements of 31 respondents on October 17, 2019. That day, 13 victims participated in the public hearing convened for this purpose²¹. Consecutively, regarding the prioritized territory of Norte del Cesar (Artillery Battalion No. 2 "La Popa"), the victims have also submitted observations on the voluntary statements. As of October 1, 2019, 155 people appearing before SJP had provided voluntary statements, and 314 victims had been accredited²². Current status: The receipt of outstanding voluntary statements continues / Presenting observations on the voluntary statements transferred to victims.
Case 004. Territorial situation of the Uraba region	SRVR assumed this Case through Order 040 of September 11, 2018. On February 26, 2019, the SRVR issued the guidelines to process the exceptions to the principle of publicity²³. On October 7, 2019, the SRVR carried out the first collective accreditation in the Case, recognizing in the SJP 22 groups of victims encompassing 871 individuals^stong>[24]. On October 9, 2019, the SRVR summoned 18 members of the security forces and 23 former members of the FARC-EP to Collective Proceedings for the Dialogic Construction of Truth between October 25 and December 19²⁵. On October 29, 2019, it summoned 17 individuals from the Public Forces and 23 from the FARC-EP to render their voluntary statement beginning on November 21, 2019²⁶. Current status: Receiving voluntary statements.
Case 005. Territorial situation of Cauca	SRVR assumed this Case through Order 078 of November 8, 2018. Subsequently, by means of Order 032 of March 12, 2019, it expanded the prioritized territorial situation. Current status: Awaiting voluntary statements.
Case 006. Victimization of the Patriotic Union (UP) members by agents of the State	SRVR assumed this Case through Order 027 of February 26, 2019. Between October 21 and 24, 2019, the SJP, along with the Comission of Truth, held sessions to hear the UP victims exiled in Geneva²⁷. Current status: Awaiting voluntary statements.
Case 007. Recruitment and use of children in the armed conflict	SRVR assumed this Case through Order 029 of March 1, 2019. On October 28, 2019, the SRVR summoned 14 former FARC-EP members to render their voluntary statements between December 9, 2019, and January 30, 2029²⁸. Current status: Awaiting voluntary statements.

Own elaboration based on the SJP's Rapporteur (November 20, 2019)

Endnotes

¹ _{Decrees 700, 706, 900, 1252, 1269, 1274, 1592, 1749, 1760, 2107 y 2125 of 2017; Decrees 266 and 522 of 2018.}

² _{For additional information on the implementation of the normative framework of the Agreement, see: https://coljuristas.org/proceso_de_paz.php?p=gobierno_farc}

³ _{In contexts of massive human rights violations wherein macro-criminality patterns develop, the need arises to establish prioritization and selection criteria for the investigation and prosecution of cases. The prioritization criteria allow to define in a strategic manner the order in which the investigation and rulings will be carried out, and the selection criteria allow determining the issues that will be investigated and judged, and those that will not. The prioritization criteria established by the SJP are: the vulnerability of the victims, the differential impact on ethnic groups, the differential impact on collective subjects, the representativeness of the alleged perpetrators, the severity of the events, the magnitude of the victimization, the representativeness of the facts and the availability of the information. For additional information, see: SJP, 2018. Criterios y metodología de priorización de casos y situaciones. [Criteria and methodology for prioritizing cases and situations]. Available at: https://www.jep.gov.co/Documents/CriteriosYMetodologiaDePriorizacion.pdf}

⁴ _{For the SRVR, situations “are defined in terms of temporal and territorial parameters”, while cases “are defined in terms of personal parameters, assigning individuals and groups of individuals responsibility for the plans, policies and patterns of macro-criminality within the SRVR’s competence”. This differentiation is taken from: SJP, 2018, Criterios y metodología de priorización de casos y situaciones. [Criteria and methodology for prioritizing cases and situations]. Available at: https://www.jep.gov.co/Documents/CriteriosYMetodologiaDePriorizacion.pdf. Para. 2. The following are examples of situations that are prioritized by the SRVR: Territorial situation of the municipalities of Ricaurte, Tumaco and Barbacoas in the department of Nariño (Case 002); Territorial situation of the Uraba region (Case 004); Territorial situation of the north of Cauca (Case 005). The following are examples of cases prioritized by the SRVR: Illegal detentions of people by the FARC-EP (Case 001); Illegitimately perpetrated deaths presented as combat casualties by agents of the State (Case 003); Victimization of the Patriotic Union (UP) members by agents of the State (Case 006); Recruitment and use of children in the armed conflict (Case 007).}

⁵ _{Order SRVR 002 of January 17, 2019. See: SJP, January 21, 2019, “La JEP ordena rendir versión voluntaria a los 31 miembros del Estado Mayor de las ex Farc-EP por caso de secuestro” [The SJP orders to render a voluntary statement to the 31 members of the Central Command of the former Farc-EP for kidnapping]. Available at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/JEP-ordena-versi%C3%B3n-voluntaria-a-los-31-miembros--del-Estado-Mayor-de-las-ex-Farc-EP-por-caso-de-secuestro.aspx}

⁶ _{Order SRVR 043 of April 4, 2019. See: SJP, May 22, 2019, “La JEP reitera que las versiones dentro del caso 001 continúan” [The SJP reiterates that rendering of statement within case 001 continues]. Available at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/La-JEP-reitera-que-versiones-dentro-del-caso-001-contin%C3%BAan.aspx}

⁷ _{Order SRVR - Case 001 of April 11, 2019; Order SRVR - Case 001 of August 6, 2019.}

⁸ _{SRVR - Case 001 of July 12, 2019.}

⁹ _{SRVR - Case 001 of September 17, 2019. See. SJP, September 20, 2019. See: SJP, October 18, 2019, “Versión colectiva de exjefes de las extintas FARC por caso de secuestro” [Collective statement of former heads of the defunct FARC for kidnapping case]. Available at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/El-lunes,-versi%C3%B3n-colectiva-ante-la-JEP-de-exjefes-de-la-exFarc-EP-por-caso-de-secuestro.aspx}

¹⁰ _{These proceedings were initially called by Order SRVR - Case 001 of October 8, 2019. The dates of the hearings were subsequently modified. See: SJP, October 18, 2019, “JEP modifica calendario de ampliaciones territoriales de la versión colectiva de exmiembros de las FARC-EP sobre secuestro” [SJP modifies the schedule of territorial expansions of the collective statements of former FARC-EP members regarding kidnapping]. Available at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/JEP-modifica-calendario-de-ampliaciones-territoriales-de-la-versi%C3%B3n-colectiva-de-exmiembros-de-las-Farc-EP-sobre-secuestro.aspx}

¹¹ _{SJP, November 14, 2019, “Ante la JEP se han acreditado 1.276 víctimas de secuestro cometidos presuntamente por la extinta guerrilla de las Farc-EP” [1,276 victims of kidnappings allegedly committed by the defunct FARC-EP guerrilla have been accredited before the SJP]. Available at: https://www.SJP.gov.co/Sala-de-Prensa/Paginas/Ante-la-SJP-se-han-acreditado-1.276-v%C3%ADctimas-de-secuestro-cometidos-presuntamente-por-la-extinta-guerrilla-de-las-Farc-EP.aspx}

¹² _{SJP, July 25, 2019), “Comenzó la acreditación de víctimas de secuestro por parte de las FARC-EP.” [The accreditation of kidnapping victims by the FARC-EP began]. Available at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/Ante-la-JEP-se-han-acreditado-1.276-v%C3%ADctimas-de-secuestro-cometidos-presuntamente-por-la-extinta-guerrilla-de-las-Farc-EP.aspx}

¹³ _{Order SRVR 01 of January 14, 2019. See: SJP, January 24, 2019, “JEP llama a versiones a 11 comparecientes de las extintas FARC-EP en el marco del caso 002, sobre la situación de Ricaurte, Tumaco y Barbacoas (Nariño) [SJP calls 11 respondents of the defunct FARC-EP to render their statements in case 002, on the situation in Ricaurte, Tumaco and Barbacoas (Nariño)]. Available at: https://www.jep.gov.co/Sala-de-Prensa/SiteAssets/Paginas/Comunicado-009-de-2019---JEP-llama-a-versiones-a-11-comparecientes-de-las-extintas-Farc-EP,-en-el-marco-del-caso-002/Comunicado%20009%20JEP%20llama%20a%20versiones%20a%2011%20comparecientes%20de%20las%20extintas%20Farc-EP.%20Caso002.pdf}

¹⁴ _{SJP, November 5, 2019, “La JEP acredita como víctimas a más de 5 mil familias en el caso 02, que prioriza la situación territorial de Tumaco, Barbacoas y Ricaurte (Nariño) [The SJP accredits more than 5,000 families as victims in Case 02, which prioritizes the territorial situation of Tumaco, Barbacoas and Ricaurte (Nariño)]. Available at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/La-JEP-acredita-como-v%C3%ADctimas-a-m%C3%A1s-de-5-mil-familias-en-el-Caso-02.aspx}

¹⁵ _{Order SRVR - Case 003 of December 7, 2018. par. 22.}

¹⁶ _Ibid.

¹⁷ _{SRVR-Case 003 of May 13, 2019.}

¹⁸ _{This Order, which determined the reversal recourse filed by the Committee for Solidarity to Political Prisoners Foundation and the Colombian Commission of Jurists against Order 062 of May 16, 2019, which summoned to render voluntary statements to a respondent, established that the victims may participate in the hearings of voluntary statements. Their representatives will be able to be present in the statement, fulfilling the requirements thereof, and the victims will be able to watch the live broadcast of the hearing in a separate courtroom.}

¹⁹ _{SJP, July 3, 2019, “Comienza la participación de las víctimas en las versiones de la JEP” [The participation of the victims in the rendering of statements before the SJP begins]. Available at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/Comienza-la-participaci%C3%B3n-de-las-v%C3%ADctimas-en-las-versiones-en-la-JEP.aspx}

²⁰ _{Order SRVR - Case 003 of August 12, 2019.}

²¹ _{SJP, n.d., “13 familiares de las víctimas de Soacha tuvieron la palabra en la JEP” [13 relatives of the Soacha victims spoke at the SJP]. Available at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/13-familiares-de-las-v%C3%ADctimas-de-Soacha-tuvieron-la-palabra-en-la-JEP.aspx}

²² _{SJP, October 1, 2019, “La JEP escuchará en audiencia pública a los familiares de los jóvenes de Soacha ejecutados extrajudicialmente. [The SJP will listen in a public hearing to the relatives of the Soacha youths who were executed extrajudicially. Available at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/La-JEP-escuchar%C3%A1-en-audiencia-p%C3%BAblica-a-los-familiares-de-los-j%C3%B3venes-de-Soacha-ejecutados-extrajudicialmente.aspx}

²³ _{Order SRVR 04 of February 26, 2019.}

²⁴ _{SJP, October 10, 2019, “La JEP comienza acreditación de víctimas en las zonas humanitarias de Jiguamiandó y Curvaradó, Chocó” [The SJP begins the accreditation of victims in the humanitarian zones of Jiguamiandó and Curvaradó, Chocó]. Available at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/La-JEP-comienza-acreditaci%C3%B3n-de-v%C3%ADctimas-en-las-zonas-humanitarias-de-Jiguamiand%C3%B3-y-Curvarad%C3%B3,-Choc%C3%B3.aspx}

²⁵ _{Order SRVR 04/00/77/2019. See: SJP, October 29, 2019. “Comienza la construcción de verdad por el caso 04 (“Situación Territorial de la Región Urabá")” [The construction of truth for Case 04 begins (“Territorial Status of Urabá Region")]. Available at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/Comienza-la-construcci%C3%B3n-de-verdad-por-el-caso-04,-que-prioriza-la-situaci%C3%B3n-territorial-de-la-regi%C3%B3n-de-Urab%C3%A1.aspx}

²⁶ _{Order SRVR 228 of October 29, 2019.}

²⁷ _{SJP, October 29, 2019, “La Comisión de la Verdad y la Jurisdicción Especial para la Paz realizan jornadas de escucha conjunta a víctimas de la Unión Patriótica en el exilio” [The Truth Commission and the Special Court for Peace carry out joint sessions to hear the victims of the Union Patriotica in exile]. Available at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/La-JEP-y-la-Comisi%C3%B3n-de-la-Verdad-realizan-jornadas-de-escucha-conjunta-a-v%C3%ADctimas-de-la-Uni%C3%B3n-Patri%C3%B3tica.aspx}

²⁸ _{SJP, October 28, 2019, “La JEP llama a versiones a exmiembros de las Farc por reclutamiento y utilización de niñas y niños en el conflicto armado” [The SJP summons former FARC members to render their statements in the recruitment and use of children in the armed conflict]. Available at: https://www.jep.gov.co/Sala-de-Prensa/Paginas/La-JEP-llama-a-versiones-a-exmiembros-de-las-Farc-por-reclutamiento-y-utilizaci%C3%B3n-de-ni%C3%B1as-y-ni%C3%B1os-en-el-conflicto-armado.aspx}