The national government decided to give Iván Márquez a second chance and opened a negotiating table for him as leader of the Second Marquetalia, but his history as a negotiator, who went from being a peace signer to becoming a guerrilla again, is a complex panorama for the framework. legal of peace in Colombia, according to what Congress warns.
The idea of having a new negotiating table with Márquez, who was a peace negotiator with the FARC in Havana and returned to civilian life for a few months with that agreementhas been an inexhaustible discussion since President Gustavo Petro proposed the so-called Total Peace.
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Now that the Peace Commissioner, Otty Patiño, appeared in Caracas with Márquez to announce the formal start of a dialogue table, the discussion was put back on the table. For some congressmen, the indecisive guerrilla leader could not receive benefits from the negotiation.
“In the negotiation with ‘Iván Márquez’ the Government found a legal path for it by declaring it as a political group. However, “If it were to be signed, it would be very difficult to sustain it because there cannot be legal benefits for those who signed the peace agreement in 2016 and committed crimes after that date,” said Senator Ariel Ávila.he quoted RCN Radio.
The congressman relies on the fact that the peace agreement with the FARC was incorporated into the Colombian Constitution, so he could not, within the framework of a negotiation with an armed group, skip the rules to benefit again from the surrogates that he did not know about when he armed himself. again.
For the senator from the Green Alliance, the panorama is so complex that he even pointed out that a constitutional reform would be needed to open the door to Márquez to legal benefits, but in the context of Congress he does not believe that the Government has the capacity to approve a legislative act in that sense.
“The Havana agreements are included in the constitution, so a legislative act would have to be made to change that, which is impossible at this moment,” said Ávila.
The rules that created the Special Jurisdiction for Peace conditioned the benefits of those appearing on compliance with the commitments of truth, justice, reparation and non-repetition, which Márquez failed to comply with by raising his arms again, after having received freedom after the signing. of the agreement.
There is a legal debate, because it is pointed out that a person who received benefits as part of a transitional process will not be able to receive them in another. However, there are several interpretations about it, in which some maintain that it is viable, as long as the person renounces one of them.
“Promptly, A reform to transitional article 66 of legislative act 01 of 2012 must be made as part of the negotiation “which establishes the impossibility of applying transitional justice instruments to any member of an armed group who, once demobilized, continues to commit crimes,” explained Diego Martínez, advisor to the 2016 peace process. The viewer.
Senator Iván Cepeda said that “in the negotiations there is also the possibility of changing the rules of the game and if there is a constitutional reform in the future that could enable that possibility, What is clear is that there cannot be impunity“, as quoted RCN Radio.
This will be a critical discussion within the conversation table with the Second Marquetalia, because the scenario in which an eventual peace agreement with the State could be fulfilled will have to be defined. But for the moment it is ruled out that they could be welcomed again by the JEP.
