Home » The controversy of Ivan Marquez: the authorized disputes of the negotiations with the Second Marquetalia

The controversy of Ivan Marquez: the authorized disputes of the negotiations with the Second Marquetalia

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The controversy of Ivan Marquez: the authorized disputes of the negotiations with the Second Marquetalia

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

Photo: Chief Commissioner of the Peace Office

After at the very least 4 months of consensus and a confidential section, i The authorities and the opposition often known as the Second Marquetaliathey agreed that the day of The roundtable might be held on June 24 in Caracas, Venezuela. The announcement – which additionally consists of a number of pictures displaying “Iván Márquez,” the chief of that armed group – raises some issues, amongst them how the authorized standing of some members of that group might be resolved.

That dissidence, who noticed the sunshine August 29, 2019, by “Marquez” and Seuxis Pausias Hernández (“Jesús Santrich”), Henry Castellanos (“Romaña”) and Hernán Darío Velásquez (“el Paisa”), 4 former commanders of the defunct FARC terrorist group, who stated that, after signing the Peace Agreement, they returned to arms. Of them solely “Márquez” continues to be alive. Three others died in Venezuela in undisclosed circumstances.

He The announcement of the date of the set up of this program was made after a gathering held by the events within the nation this weekend and the place they met, amongst others, the High Commissioner for Peace, Otty Patiño, “Márquez” himself, and Armando Novoa, the top of the Government delegation in that course of.

There had been additionally members of that protest like José Vicente Lesmes, recognized throughout the battle as Walter Mendoza; Giovanni Andrés Rojas, A spiderthe highest chief of the Border Command group, which has affect in Putumayo.

In addition, the representatives of Cuba, Norway and Venezuela, Monsignor Héctor Fabio Henao, consultant of the Episcopal Conference and Raúl Rosende, Deputy Special Representative to the UN Verification Mission in Colombia, participated. According to the constitution signed by the events, These Governments will act as guarantors, whereas the consultant of the final secretary and the Episcopal Conference might be everlasting associates.

The first spherical of negotiations might be introduced ahead from June 25 to 29and Caracas, to agree on sure articles of declared factors and agreements.

“Renegotiate” with those that left the Covenant

A serious impediment to this negotiation is the difficulty of safety measures. temporal justice, as a result of those that go away the Peace Treaty can not go the Special Jurisdiction for Peace (SPJ).

“That is likely one of the largest challenges of with the ability to go to an settlement with Second Marquetalia. It is a delicate matter that the Government, not solely by this crew, but additionally the Office of the High Commissioner itself and different authorities businesses answerable for this matter, ought to discover extra to discover a path that permits, if this course of develops, to discover a system that it doesn’t stop the elimination of individuals and weapons from the areas“Nvoa instructed Colombia+20.

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On the opposite hand, Diego Martínez, a member of the authorized crew within the 2016 peace course of, confirms that the issue shouldn’t be solely easy methods to use the instruments of non permanent justice, however whether or not it’s potential to barter with that group or not. . “We can guarantee you that those that signed, determined to battle once more towards the State would have the appropriate, given our legal legislation, to be thought of as political criminals. This will enable the Govt maintain political discussions“, Explain.

Regarding easy methods to combine repeat legislation makers into the reform justice system, he says this can’t be completed until there’s a constitutional modification. “Specifically, it have to be completed correctly a part of the dialogue is the change within the non permanent article 66 of the authorized act quantity 01 of 2012. “which exhibits that it’s not potential to make use of the instruments of non permanent justice towards any member of the armed group, who, as soon as launched, continues to commit crimes,” he defined.

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Another difficulty on the radar is that, among the many causes given for the inconsistency of “Márquez“, it was a violation of the Treaty of Peace and a lure. In this regard, Novoa confirms one of many requests of the Second Marquetalia, that’s, what had been the explanations for the armed rebellion.

In truth, within the doc of 9 factors issued by the events, it consists of the part the place that request is talked about: “Representation of the Second Marquetalia. he’ll current on the negotiating desk his causes for the armed rebellion, amongst them, non-compliance and the impossibility of the Peace Agreement of 2016″, he says.

For lecturers Tania Lunadirector of the doctorate in jurisprudence at Javeriana, specialist in constitutional legislation, peace and reminiscence, though it’s the first time to learn how this course of will proceed, It might be analyzed that what we’re in search of is a “new establishment.”

“Point 5 of the doc issued yesterday by the Government states that these discussions embody design, implementation, implementation and making certain compliance with the legal guidelines. This permits us to assume {that a} new construction of the establishment is being deliberate, possibly some circumstances in order that they will overcome these authorized issues,” he defined.

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“Point 5 of the doc that the Government launched yesterday says that this dialogue might be guided by the precept of the settlement that was agreed upon, the settlement that has been achieved, and it says that it consists of the design, initiation, implementation and making certain that they’re adopted. This permits us to assume {that a} new institutional construction is being predicted, possibly some circumstances to have the ability to overcome these authorized issues. We should see if that’s applicable,” he defined.

A complete report revealed final March by the UN professional Antonia Urrejola, on the request of the Minister of Foreign Affairs on the time Álvaro Leyva within the UN Security Council, concluded that there have been repeated obstacles to the peace settlement and though not certified this case Jesus Sanrich “as an arrest” meant that there was an abusive agent” which might be thought of as a particular investigative technique throughout the framework of worldwide authorized cooperation and isn’t allowed in Colombia.

Santrich was recognized by the Prosecutor’s Office of Néstor Humberto Martínez. as a part of a construction that exported medicine to the United States. After being linked to a drug-trafficking case, he left the Peace Accords and based the Second Marquetalia opposition group together with Iván Márquez.

Santrich’s case was revealed in 2020 by journalist Edinson Bolaños, of Colombia+20, investigation which provoked a heated debate and reached the courts of justice.

In context: “Agent provocateur” would have been utilized in Santrich’s arrest case: a UN professional

Regarding whether or not this report will help open the authorized standing of the negotiators of the Second Marquetalia, Martínez explains: “In truth, this resolution, added to the thorough investigation of the Colombian justice system, can make sure the restoration of the authorized belief of all Colombians who’re victims and people who take up arms within the peace course of. This resolution offers with the irregularity of the legal instances made by the prosecutor’s workplace at the moment towards Mr. Jesús Santrich.”, the cube.

Document factors

The signed doc begins with the assertion “Broader social integration is required to maneuver in direction of a bigger political consensus based mostly on the ability of personal people.“.

With the concept of ​​collaborating within the spirit and the general public help that “Márquez” gave to the proposal of President Petro, this level attracted consideration. But Novoa denied that this was the case.

“There is discuss of a nationwide settlement with a majority, however not a constituent. For us, this covenant has a distinct which means and interpretation than we now have within the Second Marquetalia. But the way in which this speech is offered within the textual content is within the context of in search of a approach that permits preventing violence, decreasing the affect on individuals and attaining, in our opinion, the biggest variety of troopers from the Second Marquetalia. of locations. It would not actually imply a fundamental assembly, but it surely means the necessity to work based mostly on the settlement we provide. help for efforts in order that full peace can attain the appropriate place,” he stated.

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Other factors are the prohibition of captivity for financial functions and the prioritization of negotiations with businessmen, breeders, and merchants. In addition, the doc states that “measures might be taken to strengthen the discount of conflicts, within the areas the place the Second Marquetalia exists.”

Lea: The story of the Second Marquetalia, the FARC opposition that began the peace course of

In addition, it was agreed on “the fast building of peace zones, which can result in a brand new group of political, financial, social, cultural and environmental life.” According to Novoa, it’s not but recognized what these locations might be and in reality, what might be mentioned throughout the first spherical.

The doc additionally features a transient dialogue agenda with 5 details: battle discount and the preparation of peaceable zones, the creation of peaceable zones; victims as a altering social topic; circumstances for peaceable coexistence; and eventually implementation and validation.

This peace course of was added to different negotiation boards led by the Government: one with the National Liberation Army (ELN) and one other towards the defunct FARC, often known as the Central General Staff (EMC). Although progress has been made by the ELN in one of many longest ceasefire measures and an settlement on the primary level of the agenda has been signed, the method of that protest “suspended” as a result of regional dialogue the Government is conducting with the splinter entrance of the ELN in Nariño.

With the EMC, negotiations proceed, however solely with sure our bodies which have determined to take a seat on the desk after the inner division that the armed group suffered.

The arrival of the Second Marquetalia is for a lot of specialists a lifestyle for Márquez, who continues to be recovering from a critical damage after an assault that many individuals have no idea about and who can not consolidate his re-armament. But it might even be a much less seemingly negotiation for a Government that should add returns to its dedication to whole peace.

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