JEP sends letter to the Criminal Court for moves by De la Espriella against him

Presidente de la JEP acudió a la Corte Penal Internacional por recorte presupuestal anunciado por Abelardo De La Espriella The president of the Special Jurisdiction for Peace (JEP), Alejandro Ramelli, has turned to the International Criminal Court (ICC) over proposed budget cuts announced by President Abelardo De La Espriella. Ramelli activated an international strategy aimed at halting the reduction in funding for the peace tribunal, which was announced by De La Espriella. He also seeks to prevent a constitutional reform that would require the Military Justice system to review some of the JEP’s decisions. In terms of resources, the head of state approved the proposal by senator Enrique Gómez of Salvación Nacional to reduce the JEP's budget by 100 billion pesos and transfer that amount to the Supreme Judicial Council. This move was justified based on the results of the jurisdiction, which have sparked controversy among certain political sectors in the country. A constitutional reform is being pushed forward in the First Committee of the Senate to amend the Constitution so that certain decisions made by the peace tribunal could be reviewed by the Military Justice system, specifically those issued against members of the armed forces. This proposal has caused significant media attention in Colombia because, according to the JEP, it would undermine its nature. In response to this scenario, Ramelli sent a written communication to the Prosecutor of the ICC requesting support for the “independence, autonomy, and functioning of the Special Jurisdiction for Peace.” This will not be the first letter; additional communications will be sent to the United Nations and other organizations supporting the implementation of the peace agreement. Ramelli explained that the consequences of the proposed budget cut would not be solely financial. If implemented, essential components necessary for the operation of transitional justice would be compromised. Among these, the protection of victims, witnesses, interveners, and judicial operators would be affected. His criticisms extended further, stating that the measures described are incompatible with the commitments assumed by the Colombian government under Article 1 of the cooperation agreement. The government committed to continuing to support processes before the JEP and, in particular, to safeguarding its constitutional and legislative framework and structure. Submitting the JEP’s rulings to automatic review by the Military Justice system would alter the structure and jurisdictions established in the agreement. Ramelli requested the ICC Prosecutor to accompany his alerts and support the demands of the high court of peace within the scope of its responsibilities. He emphasized the need to avoid initiatives that might hinder the mandate of the JEP, the development of genuine national procedures, and the guarantee of victims' rights to truth, justice, reparation, and non-repetition. The president of the JEP sent a letter to the ICC warning about initiatives by the De La Espriella administration that threaten the functioning of the tribunal. In the text, magistrate Alejandro Ramelli stated that the executive branch supports a budget cut of 100 billion pesos for the entity created after the peace process with the FARC. “The consequences would not be solely financial,” says Ramelli in the letter. “If the proposed cut is implemented, essential components for the functioning of transitional justice would be compromised. This would directly affect the safety conditions of thousands of people linked to the processes carried out by the JEP.” Yesterday, during his accountability session, Ramelli said the JEP faces the “most serious attack” to its functioning. The magistrate mentioned two proposals supported by the government to hinder the tribunal’s functions: one by senator Enrique Gómez, leader of Salvación Nacional and brother of the Minister of Finance, proposing to transfer 100 billion pesos from the JEP’s budget to the Judiciary. De La Espriella endorsed the initiative. Another is a constitutional reform by senator Juan Caicedo of the Center Democratic party, requiring the JEP’s rulings against military personnel to undergo automatic review by the Military Justice system. In the document, Ramelli warns that by supporting these measures, the De La Espriella government is violating international commitments undertaken by the Colombian state following the signing of the agreements. “This situation arises at a particularly relevant stage of the judicial work of the JEP, where the Jurisdiction continues advancing in its investigations and decisions regarding the most severe and representative crimes committed during the armed conflict.” During his campaign, De La Espriella promised to end the JEP, one of the institutions most criticized by the right-wing in Colombia. However, doing so is not easy. As it has constitutional protection, the government would need to present a legislative act to eliminate it, risking violations of international commitments by the state. Nevertheless, the government has the tools to financially suffocate the entity and reduce institutional support around the fulfillment of the agreement with the FARC. The JEP faces potential budget cuts and new controls over its rulings. Alejandro Ramelli is visibly angry as he takes the podium at the Universidad del Externado in Bogotá. He worked until one o'clock in the morning on the press release. A significant budget cut and allowing the Military Justice system to review all rulings against security forces, these two proposals by ruling parties are “the gravest attack the Colombian transitional justice has suffered on its independence and judicial autonomy,” says Ramelli. The day before the public accountability session of the special jurisdiction, the bomb exploded. Senator Enrique Gómez Martínez (Salvación Nacional) had proposed cutting the JEP's budget by approximately 27.58 million euros. These funds would be transferred to the Supreme Judicial Council to increase judge positions and offices throughout the country. “This is an urgent need. With costs of four trillion for the JEP, their performance indicators are catastrophically disappointing. It is a judiciary of impunity,” said the senator. He received immediate support via X from ultra-right President Abelardo de la Espriella. Additionally, a constitutional reform is currently being discussed in the Senate: the aim is to introduce an automatic judicial review of the JEP's rulings against members of the security forces by the military criminal justice system. The Parliament is currently in the middle of the budget debate. Colombia's new president, Abelardo de la Espriella, opposes the peace agreement between the FARC guerrilla and the Colombian state, and the special peace court. The historical agreement of 2016 marked the end of the largest guerrilla group on the continent after about 50 years of armed conflict. Around 14,000 men and women laid down their arms, the overwhelming majority remain in civilian life today. The agreement includes obligations for both sides, and created a comprehensive system for truth, justice, reparation, and non-repetition. It aims to investigate and punish crimes committed by state security forces and the FARC. However, the focus is on victims and their rights.