DECISION T-227 / 2018

The Colombian Constitutional Court protected the rights of three people who were not listed in the Registro Único de Víctimas (RUV) by the Unidad Especial para la Atención y Reparación Integral a las Víctimas (UARIV).The Seventh Review Chamber called on the UARIV to state legal reasons when denying to include these people in the registry.The Court said: “The UARIV is obliged to justify its decisions with reasons demonstrating that victimization facts did not happen within the context of the internal armed conflict. To do that, it should use different databases, look to sources and assess legal, technical and contextual elements.”

The ruling of the Court is given after examining the poor material submitted by the UARIV in its refusal to include these people in the registry. In some cases, the refusal is based only on the statements made by petitioners and the presentation of some contextual elements.The Court considers that the main input to assess the inclusion of a person in the RUV because of the victimization fact of homicide is the Prosecution’s file and, as the case may be, also the rulings by a criminal judge of the Nation. In this individual case, the Court examined the petitions of  the mothers of two people murdered in Medellin in 1996 and 2011, and the father of two young men murdered in the municipality of Planadas (Tolima). The UARIV refused to include these people alleging that the information provided was not related to crimes committed within the context of the armed conflict.