A/HRC/7/2 page 26 “From the time of its conception, this act was viewed as an instrument to facilitate the attainment of peace and national reconciliation. The National Government is convinced that national peace is a desire that has transcended political parties and governments, but also that it cannot be attained to the detriment of the rights of the victims of violence. Article 2 of Act No. 975 clearly provides that the interpretation and enforcement of the Act must necessarily be effected in the light of the provisions of the Constitution, and of the international treaties ratified by Colombia. “In addition, the Constitutional Court, which is the highest Colombian Court and responsible for monitoring the conformity of laws with the Constitution, handed down a ruling, by decision C-370/06 of 18 May 2006 on a number of unconstitutionality suits brought against the Justice and Peace Act. In this decision, the Court limited the scope of a number of articles to the benefit of the victims, protecting first and foremost their right to truth, justice and reparation.” 87. In the communication of 13 March 2007, the Government stated that: “The information submitted to the Working Group concerning the observance of the Declaration on the Protection of All Persons from Enforced Disappearances, which contains a number of provisions on this subject, is not correct since although the Declaration is not a legally binding instrument, Colombia has incorporated the principles contained in the Declaration into its domestic law. “The Government of Colombia reiterates that the Justice and Peace Act is not a law on special amnesty or pardon. On the contrary, it is the first law in the world that, in order to ensure the rights to peace and justice, establishes an alternative punishment to the ordinary punishment provided for in the Criminal Code currently in force. “The Government of Colombia informs that institutions have been established in which victims of enforced disappearance can receive assistance and participate; these include the National Commission to Search for Missing Persons and the National Compensation and Reconciliation Commission, whose activities support the National Plan to Search for Missing Persons, which allows victims to participate in the search for and identification of family members and in the identification and punishment of those responsible, as tools to supplement the judicial framework of the Justice and Peace Act and the Government’s human rights policy.” 88. Information was submitted by NGOs to the Working Group concerning obstacles allegedly encountered in the implementation of the Declaration by the Government of Colombia. This information was transmitted to the Government. 89. In July 2005, the Colombian Congress reportedly approved Law 975 on “justice and peace”. NGOs alleged that this law suffered from substantial deficiencies that hampered the possibility for the victims to achieve justice. Due to the petitions filed against Law 975, the Constitutional Court declared the unconstitutionality or conditioned constitutionality of several key provisions of this law through ruling C-370. The Working Group has been informed that, through decrees, the Government has reportedly modified the content of the ruling C-370, substantially affecting the rights of victims acknowledged within.

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