PARTICIPATION IN POLITICS OF THE DEMOBILIZED
Claim of unconstitutionality against the 1st (partially accused) and 3rd articles of the Legislative Act No. 1 of 2012 “by means of which are established juridical instruments of transitional justice within the frame of the article 22 of the Political Constitution and are dictated other dispositions”.
In the claimants opinion, the accused articles substitute essential aspects of the Political Constitution. On the first charge, the plaintiff adduced that the penal prosecution duty, without any exception, is substituted by the power of renouncement to the investigation and sanction, by the introduction of the prioritization and selection criteria. In that sense the Court had the duty to establish if it was effectively substituted a defining element of the constitutional regimen of Colombia, when the State is relieved of the obligation to investigate, judge and condemn all the responsible of violations of the human rights, infractions to the International Humanitarian Law, acts of terrorism, and transnational crimes.
In the second charge, was adduced that the 3rd article of the Legislative Act No. 1 of 2012 substitutes the Constitution, because it replaces the fundamental pillar described as “democratic frame for a constitutional regulation”, according to which the people responsible of serious human rights violations, infractions to the International Humanitarian Law, acts of terrorism, and transnational crimes, have the right to be candidates to occupy charges of popular election and may eventually become public servants.
The Court concluded that the participation in politics, previewed by the accused article is coherent with the constitutional regimen, as long as those who enter to be a part of the political community had settled their debt to the community
The Chamber decided to be attained to what already had been decided in the decision C-579 of 2013, that declared constitutional the subsection 4 of the 1st article of the LA 01 of 2012, and decided to declare the 3rd article constitutional.