Colombia - November 2023

President Petro’s strategy of “total peace” (“paz total”), which seeks the disarmament of rebels and other criminal groups, was considered by the Constitutional Court. The legal framework adopted by Congress in 2022 to establish the conditions by which authorities may engage in negotiations with such groups, including through the suspension of arrest warrants, the release of detained persons, and other judicial privileges, had been challenged by opposition politicians.

On 30 November, the Court determined that the aim of the law was not contrary to the constitution, however, it restricted the ability of the Executive Branch to carry out actions that are normally the competence of a judge, such as the suspension of arrest warrants. It reasoned that some of the law’s provisions granted the Executive excessive prerogatives and that the release of convicted persons (in order to be designated as peace envoys) was unconstitutional. It also determined that the conditions for the surrender of non-political criminal groups had to be defined by Congress, and not by the government.

Sources: Infobae, El Pais, El Espectador