Law 1448 of 2011 (June, 10th) Eng. Translation

LAW 1448 OF 2011 (June, 10th)
Regulated by National Decree 4800 of 2011, regulated by National Decree 3011 of

2013
regulates measures of attention, comprehensive assistance and reparation to victims of the internal
armed conflict and related issues
THE CONGRESS OF THE REPUBLIC OF COLOMBIA
See National Decrees 4155, 4633, 4634 and 4635 of 2011
ADOPTS
TITLE I
GENERAL PROVISIONS
CHAPTER I
Purpose and scope of the Law and definition of the term victim
ARTICLE 1. PURPOSE. The Law aims to establish a set of administrative, social and economic,
individual and collective legal measures in the interest of the victims whose rights have been violated
in accordance with Article 3 of this Law, within the framework of transitional justice, which guarantee
the victims rights to truth, justice and reparation with the guarantee of non-repetition in a manner to
acknowledge their status as victims and grant them their constitutional rights.
ARTICLE 2. THE SCOPE OF THE LAW. The Law regulates the humanitarian aid, care, assistance
and reparation to victims referred to in Article 3 of the Law, offering the tools to reclaim the victims
dignity and increase their awareness about their nationality.
Measures of assistance, care and reparation to indigenous peoples and Afro-Colombian communities
shall be a part of the special norms for each of the respective ethnic groups, who shall be consulted
for the purpose of respecting their customs and collective rights, in accordance with the provisions of
Article 205 of the Law.
ARTICLE 3. VICTIMS. The Law defines victims as persons who have suffered damage, individually
or collectively, in the conflict since 1st January 1985, as a result of violations of International
Humanitarian Law or grave violation of international norms of human rights that occurred during the
internal armed conflict.
NOTE: The underlined text is declared CONSTITUTIONAL by the Constitutional Court, Court
Decision C-250 of 2012.
NOTE: The text in italics is declared CONSTITUTIONAL by the Constitutional Court, Court
Spouses, permanent partners, same-sex couples, first-degree relatives and civilians seeking a person
declared dead or missing are also considered victims. In the absence of relatives listed above,
second-degree relatives shall be considered as victims.
Furthermore, victims are persons who have suffered damage due their engagement in assisting the
victim in danger or preventing victimization.
The status of victim is granted independently, irrespective of whether the perpetrator has been
identified, apprehended, prosecuted or convicted, and regardless of the family relationship that may
exist between the perpetrator and the victim.
Paragraph 1. In cases when victims under this Article are members of the Security Forces, their
financial compensation shall, in all respects, be in accordance with the one they are entitled to under
the special regime applied to them. Furthermore, they shall be entitled to satisfaction measures and
guarantees of non-repetition referred to in this Law.
Paragraph 2. Members of the illegal armed groups shall not be considered victims except in cases
where boys, girls or adolescents have been demobilized from the illegal armed groups while still
underage.
For the purposes of this Law, a spouse, permanent partner or relatives of members of illegal armed
groups shall be considered as direct victims in terms of damage sustained in accordance with this
Article, but not as indirect victims in terms of damage inflicted by members of the above mentioned
groups.
Paragraph 3. For the purposes of the definition in this Article, persons whose rights have been
violated as a result of an act of common delinquency shall not be considered victims.
Paragraph 4. Persons considered victims of the events that took place before 1 st January 1985 are
entitled to the right to truth, the measures of symbolic compensation and the guarantee of non-
repetition guaranteed in this Law, as part of the social conglomerate and without the need for
individualization.
Paragraph 5. The definition of the victim referred to in this Article shall not, in any case, be
interpreted as or acquire any political recognition in relation to terrorist groups and/or illegal armed
groups that have caused damage considered to be a victimizing act according to this Law and within
the framework of International Humanitarian Law, Human Rights and special provisions of Article 3 of
the Geneva Conventions of 1949. The execution of jurisdiction and operations in accordance with the
Constitution, the Law and provisions of the Armed Forces Regulations in fight against other criminal
actors shall in no way affect the provisions of this Law.
CHAPTER II
General provisions
ARTICLE 4. DIGNITY. The axiological foundation of the right to truth, justice and reparation is
respect for the integrity and honor of the victims. Victims shall be treated with dignity and respect, and
shall take part in making decisions concerning them, for which they shall be provided with the
necessary information, advice and support, and shall enjoy effective protection of their rights in
accordance with the Constitutional Law, positive law and the principle of dignity.
The State obliges to prioritize activities aimed at strengthening the independence of victims, so that
the measures of attention, assistance and reparation established by this Law could contribute to their
recovery and the full execution of their rights and duties.
ARTICLE 5. PRINCIPLE OF GOOD FAITH (BONA FIDES). The State assumes the good faith of
the victims treated by the Law. The victim can prove the damage suffered, in any legally defined
manner.
Consequently, it is sufficient for the victim to prove the damage sustained to the administrative bodies,
in a short procedure, in order to be relieved the burden of proof.
In the procedures dealing with the measures of administrative reparation, the authorities should apply
the trial rules that facilitate the victim's demonstration of the damage suffered and always apply the
principle of good faith in their favor.
In legal proceedings of land restitution, the burden of proof shall be regulated in the
Article 78 of the Law.
ARTICLE 6. EQUALITY. Measures provided by this Law shall be recognized regardless of gender,
respecting freedom or sexual orientation, race, social status, profession, national or family
background, language, religion, political or philosophical thinking.
ARTICLE 7. GUARANTEE TO DUE PROCESS. The State should, through its competent
authorities, guarantee a fair and effective due process within the framework of the conditions set out
in Article 29 of the Constitution.
ARTICLE 8. TRANSITIONAL JUSTICE. The term transitional justice refers to processes, both legal
and out-of-court mechanisms associated with the intention of the society to ensure that those
responsible for violations of the rights referred to in Article 3 of this Law are accountable for their acts,
to satisfy the rights to justice, truth and complete reparation to victims, to implement the institutional
reforms necessary for the non-repetition of relevant acts and to disarm paramilitary forces with the
ultimate goal of national reconciliation and lasting and sustainable peace.
ARTICLE 9. NATURE OF TRANSITIONAL MEASURES. The State acknowledges that each

individual considered a victim in accordance with this Law, has the right to truth, justice, compensation
for damages and non-repetition of violations of the rights under Article 3 of this Law, regardless of who
is responsible for the crime.
The adopted measures of care, assistance and reparation of damages aim to assist the victims in
overcoming their suffering and in reinstating the rights violated to the extent possible. These
measures shall be considered transitional tools to respond and overcome violations of the rights
referred to in Article 3 of the Law.
Therefore, the measures of care, assistance and reparation contained in this Law, as well as those
that are or shall be implemented (by the State) with the aim of recognizing victims' rights to truth,
justice and reparation, do not imply recognition, nor can be assumed and interpreted as the
accountability of the State, the accountability that would result from the imposed extrajudicial orders
under Article 90 of the State Constitution, or any other form of accountability of the State or its
officials.
The fact that the State recognizes the status of a victim within the scope of this Law, shall not be
considered by any legal or disciplinary authority as evidence of accountability of the State or its
officials. Such recognition shall not revoke the issue of the expiry of direct reparation activities.
In the context of transitional justice, the competent legislative and administrative authorities should
adapt their actions to the primary aim of achieving reconciliation and lasting and sustainable peace.
For this purpose, fiscal sustainability, the extent of the violation of the rights under Article 3 of this Law
and the nature of these should be taken into account.
NOTE: The section is declared CONSTITUTIONAL by the Constitutional Court, Court Decision
C-581 of 2013.
In cases where victims resort to administrative courts for execution of direct reparation, at the time of
the damage determination, the legal body must valorize and consider the amount of compensation
provided to the victims by the State in order to see the transitional nature of the measures to be
implemented in accordance with this Law.
NOTE: The section is declared CONSTITUTIONAL by the Constitutional Court, Court Decisions
C-851 and C-921 of 2013.
ARTICLE 10. RULINGS UNDER THE PRINCIPLE OF SUBSIDIARITY. Legal penalties requiring the
State to compensate a victim in a financial and subsidiary manner in the event of insolvency, inability
to pay or lack of funds or property of a convicted perpetrator or a paramilitary force he belonged to, do
not imply recognition and shall not be construed or interpreted as a recognition of accountability of the
State or its officials.
In criminal proceedings cases when the perpetrator is convicted, the State should compensate the
victims for the damage suffered at the lowest level of the administrative government. The amount to
be recognized by the State shall be limited by the amount set out in the relevant Rulebook for
individual compensation in administrative proceedings referred to in Article 132 of the Law, without
prejudice to the perpetrator's obligation to acknowledge the full amount of compensation or the
amount of compensation determined in the judicial process.
ARTICLE 11 EXTERNAL COHERENCE. The provisions of this Law aim to complement and
harmonize the various efforts of the State to guarantee the rights to truth, justice and restitution to
victims, and to pave the way for peace and national reconciliation.
ARTICLE 12. INTERNAL COHERENCE. The provisions of this Law aim to complement and
harmonize the measures of restitution, indemnity, rehabilitation, satisfaction and guarantee of non-
repetition, with an aim to pave the way for peace and national reconciliation.
ARTICLE 13. DIFFERENTIAL APPROACH. Differential approach recognizes that there are
populations with special characteristics in terms of age, gender, sexual orientation and disability
status. For this reason, humanitarian aid measures, care, assistance and full compensation for
damages as defined in this Law shall take such an approach.
The State will offer special guarantees and measures to protect groups exposed to a high risk of
violation of their rights under Article 3 of this Law, such as women, young people, girls and boys, the
elderly, people with disabilities, farmers, social leaders, members of trade union groups, human rights
advocates and victims of forced displacement.
For this purpose, the State government shall, in implementing and adopting the policies on care and
reparation of this Law, adopt differential criteria that correspond to the details and stage of
vulnerability of each of above mentioned groups of population.
Equally, the State shall implement efforts in the measures of care, assistance and compensation
contained in this Law in order to contribute to the elimination of the principle of discrimination and
marginalization that could be the cause of victimizing facts.
ARTICLE 14. JOINT ACTIVITY. Overcoming the visible vulnerability of victims implies implementation
of a series of activities, namely:
The obligation of the State to implement the measures of care, assistance and reparation to victims.
The obligation of the social society and private sector to show solidarity and respect for the victims
and support to the authorities in the process of reparation; and
Active participation of victims.
ARTICLE 15. MUTUAL RESPECT. The behavior of the officials and the demands made by the
victims under the procedures arising from this Law shall, at all times, be based on mutual respect and
cordiality.
The state shall remove administrative obstacles preventing victims from real and effective access to
measures of care, assistance and reparation.
ARTICLE 16. OBLIGATION ON SANCTIONING THE RESPONSIBLE PERSONS.

Provisions of this Law shall not relieve the State of its responsibility to investigate and sanction those
responsible for violating the rights referred to in Article 3 of this Law.
Article 17. PROGRESSIVITY. The principle of progression presupposes a compromise in initiating

due processes that would lead to effective enjoyment of human rights, a responsibility added to the
recognition of minimal or essential contents on the fulfillment of the rights that the State should
guarantee to all persons and gradually improve.
NOTE: The Article is confirmed as CONSTITUTIONAL by the Constitutional Court, Court

ARTICLE 18. GRADATION. The principle of gradation implies the State accountability in finding
operational tools with the outcome determined by time, space and resources to allow for the gradual
implementation of programs, plans and projects of care, assistance for reparation without neglecting
the responsibility to implementation throughout the country within a set time frame, respecting the
constitutional principle of equality.
ARTICLE 19. SUSTAINABILITY. For the purpose of taking measures of humanitarian aid, care,
assistance and compensation in this framework, the Government shall, within six (6) months of the
entry into force of this Law, develop a National financing plan using the CONPES document, which
stems from the sustainability of the law, and shall take the necessary measures to guarantee effective
prosecution of the perpetrators' possessions in order to strengthen the Compensation fund under
Article 54 of Law 975 of 2005.
The development of measures to which this Law applies should be designed in a way that ensures
fiscal sustainability with the aim of ensure with its effects, in the entirety, continuity and progressivity,
in order to guarantee their viability and effective implementation.
ARTICLE 20. PRINCIPLE OF DUPLE REPARATION AND COMPENSATION.

Indemnity approved in administrative proceedings shall be deducted from compensation for damages
defined legally. No person shall be able to get double reparations on the same basis.
ARTICLE 21 PRINCIPLE OF COMPLEMENTARITY.

All measures of concern, attention, and reparation shall be harmonized and consistent with the
protection of victims' rights.
Since individual compensations, whether administrative or legal, as well as collective reparations or

reparations to the collective, shall be complementary in order to achieve integrity.
ARTICLE 22 ACTIVITIES OF REPETITION AND SUBROGATION. The State should carry out
activities of repetition and activities relating to subrogation in accordance with the law, against the
person directly responsible for the crime as determined in due court proceedings.
ARTICLE 23 THE RIGHT TO TRUTH. Victims, members of their families and society in general, have
an indisputable and vested right to the truth relating to motives and circumstances under which
violations of the rights under Article 3 of this Law have occurred, and in the event of death or
disappearance the right to learn about the fate of the victims and their resting place. The State
Prosecutor's Office and judiciary police bodies should guarantee the right to search for victims until
they are found, dead or alive.
The State shall grant the victims, their representatives and lawyers the right and access to
information, facilitating implementation of their rights, within the framework of norms regulating legal
reserves and management of confidential information.
ARTICLE 24. THE RIGHT TO JUSTICE. The State is obliged to provide an effective investigation that
shall lead to shedding the light on the acts of violation of rights under Article 3 of this Law, identifying
persons responsible and their sanctioning.
Victims shall have access to measures of concern, attention and reparation defined in this Law or
other relevant legal instruments, without prejudice to the exercise of the right to access to justice.
ARTICLE 25. THE RIGHT TO REPARATION.
Victims have the right to compensation in an appropriate, differential, transformational and effective
manner for the damage sustained as a result of the violation of the rights under Article 3 of this Law.
Reparation includes measures of restitution, indemnity, rehabilitation, satisfaction, and guarantee of
non-repetition, in their individual, collective, material, moral, and symbolic dimensions. Each of the
measures shall be implemented in favor of the victim depending on the violation of the rights and
characteristics of the act of violence committed.
Paragraph 1. Additional measures of assistance contained in this Law tend to facilitate complete
reparation to victims and are considered complementary measures to the reparation measures as
they increase their impact among the user population. Accordingly, the repatriation factor is
recognized in measures of assistance referred to in this Law to the extent to which they are
committed to additional actions to those already developed within the framework of the Government's
social policy targeted at the vulnerable population, include priority criteria as well as specific features
and elements that meet the specific needs of victims.
Regardless of their reparative effect, the measures of assistance do not replace or change the place
of reparation measures. However, the cost or expenses that the State covers in providing the care to
the victims shall in no case be deducted from the administrative or judicial indemnity to which the
victims are entitled.
Paragraph 2. The humanitarian aid defined by this Law is not a part of the reparation and hence shall
not be deducted from the administrative or judicial indemnity to which the victims are entitled.
ARTICLE 26 MUTUAL COOPERATION. State bodies should work in a harmonious and articulated
way to fulfil the objectives set out in this Law, without prejudice to their autonomy.
ARTICLE 27. NORMATIVE APPLICATION. The provisions of this Law shall predominantly include
the provisions of international agreements and conventions ratified by Colombian international
humanitarian law and human rights prohibiting their limitation in the state of emergency, in order to
form a part of the constitutional bloc. In the case of administrative reparation, the interpreter of the
norms specified in this Law is obliged to choose and apply the regulation or interpretation that best
suits the dignity and freedom of the human being as well as respect for the human rights of the
victims.
ARTICLE 28. THE RIGHTS OF VICTIMS. Victims whose rights are violated by Article 3 of this Law
shall, inter alia, have the following rights in accordance with the applicable regulations:
1. The right to truth, justice and compensation (reparation).

2. The right to resort to scenarios of institutional and community dialogues.
3. The right to be beneficiaries of affirmative activities initiated by the State to protect and guarantee
the right to a dignified life.
4. The right to seek and receive humanitarian care.
5. The right to participate in creation, implementation and follow-up of public policies on prevention,
care and complete reparation.
6. The right of a public policy with a differential approach defined in this Law.
7. The right to family reunification in cases when victimization caused division of the family nucleus.
8. The right to return to the place of origin or move on a voluntary, security and dignitary basis within
the framework of national security policy.
9. The right to restitution of the land which was expropriated under the provisions of this Law
10. The right to information on the ways and manners of access to the measures provided by this
Law.
11. The right to information on the stage of the legal and administrative proceedings that have been
initiated and in which they have an interest as a party in the proceedings or a participant.
12. Women's right to a life without violence.
NOTE: The underlined term is declared CONSTITUTIONAL by the Constitutional Court, Court
ARTICLE 29. DEVELOPMENT OF THE PRINCIPLE OF JOINT PARTICIPATION
Under the principle of joint participation established by this Law, victims should:
Provide accurate and complete information to the authorities responsible for registering and tracking
their situation or situation relating to their home, at least once a year, unless there are justified
reasons that prevent the provision of such information. The authorities shall guarantee the
confidentiality of the information received from victims and shall, in a specific manner, make
information known to various bodies that make up the National System for Comprehensive Victim
Support and Reparation, for which a confidentiality and information management agreement shall be
signed.
Use mechanisms of care and compensation (reparation) in accordance with the cases for which they
have been approved.
ARTICLE 30. THE PRINCIPLE OF ADVOCACY. The State shall, through its relevant bodies
competent for implementation of the measures referred to in this Law, promote effective mechanisms
of advocating intended for the victims. In this way, they shall provide information about and familiarize
victims with the rights, measures and support they can count on, as well as the ways and legal and
administrative manners that shall facilitate them in enforcing their rights.
ARTICLE 31. SPECIAL MEASURES FOR PROTECTION.
The competent authorities should adopt measures to ensure full protection of victims, witnesses and
civil servants participating in administrative and judicial reparation proceedings, particularly in cases
of land restitution where victims seek their rights, when necessary, on the basis of the level of the
assessed risk for each individual case and to the extent in which there is a threat to their fundamental
rights to life, physical integrity, freedom and personal security, access to judicial practice and existing
norms relating to this issue.
These measures can be extended to the family core, whenever this is necessary on the basis of an
assessed risk level for each individual case, when there is a threat to their fundamental rights to life,
physical integrity, freedom and personal security of the family core and in cases when a kinship to the
victim is demonstrated. The technical assessment of the risk will be reserved and confidential.
In cases when judicial, administrative or Public Ministry authorities have knowledge of the risky
situations referred to in this Article, this information shall be promptly forwarded to the competent
authorities set up in accordance with the protection programs in order to initiate the urgent procedure
for the protection of victims, in accordance with the risk assessment referred to in this Law.
Paragraph 1. Protection programs referred to in this Law shall be developed within the existing
programs of this kind at the time the Law enters into force and shall ensure compliance with national
security and defense policy.
Paragraph 2. Bearing in mind that judicial and administrative reparation proceedings can pose a
particular risk to victims and civil servants participating in such processes, sufficient preventive
measures must be established to mitigate these risks. For this purpose, the information received from
the Early Warning System shall be used if needed. In particular, in those departments where
restitution processes are initiated, municipalities shall develop public security strategies together with
the Ministry of the Interior and Justice, the Ministry of Defense and the Ministry of Agriculture and
Rural Development with an aim to protect victims, their representatives as well as civil servants. This
shall not prejudice the protection measures referred to in this Law in accordance with the risk
assessment.
Paragraph 3. The definition of protection measures for women victims shall take into account the
modalities of act of violence, the characteristics of opposing risks, the difficulty of opposing the
perpetrator and victims vulnerability.
ARTICLE 32. CRITERIA AND ELEMENTS OF AUDIT AND IMPLEMENTATION OF COMPLETE
PROTECTION PROGRAMS.
The protection programs should incorporate an integral character into their audit and implementation
that includes the following factors:
1. The protection programs should ensure measures proportional to the risk levels for the victims
before, during and after their participation in the administrative and judicial processes, based on
regulations relating to the above mentioned programs.
2. The criteria for risk assessment established by the practice of the Constitutional Court, as well as
decisions on the measures of protection, must be presented to the victim or witness.
3. The risk and factors that generate it shall be identified and assessed in accordance with the court
practice that the Constitutional Court has adopted. The risk shall be assessed periodically and
the measures shall be updated in accordance with the above mentioned assessment in
accordance with the applicable regulations.
4. Protection measures must be timely, specific, appropriate and effective to protect the victim or
witness. When a competent body has decided on a measure of protection, the victim or witness
shall be able to suggest alternative or supplementary measures in relation to the adopted
measure, if they consider that the measure is not appropriate for the particular circumstances of
the case. The competent authority shall determine eligibility, feasibility and attainability of such
measures. This shall be implemented within the existing institutional protection system.
5. Protection programs must protect victims and witnesses whose lives, security and freedom are in
danger during the course of the judicial or administrative process, without discrimination, in
accordance with the regulations relating to the above mentioned programs. Therefore, the
programs shall establish measures regardless of the type of criminal offense that is being
investigated or prosecuted, the alleged perpetrator of the offense, the date when the crime
occurred or the judicial and administrative process of claiming rights, always and in cases when
there is a clear link between threats and participation of the victim or witness in a Court or
administrative proceedings or if they are prevented from participation.
6. Protection programs, the risk assessment criteria, and decision on the measures shall be taken
into account and considered in terms of differential criteria by gender, capacity, culture and life
cycle, in accordance with the practice of the Constitutional Court.
7. Protection programs shall be in constant co-ordination with victim assistance programs with an
aim to address the trauma caused by the criminal offense and the risk environment.
8. Conversations with victims within the protection program shall be carried out in safe and
confidential places, especially when talking with women, girls, boys and adolescents.
9. Information should be continually provided to the judicial and administrative authorities that shall
initiate investigation about the processes that have caused or aggravated the risk, with the aim of
bearing in mind the status of the victim and witness during the investigation. Particular
considerations shall be given to the reasons that could prevent or complicate the participation of
victims or witnesses in due processes, and corrective measures shall be adopted to encourage
their participation in relevant processes.
Paragraph 1. In addition to the criteria outlined in this Article, the following elements must be
considered for the audit, design and implementation of the full protection program:
The Ministry of Defense, in coordination with the Ministry of Interior and Justice, the Ministry of
Agriculture and Rural Development through the Unit for Land Restitution, shall adopt the necessary
measures to guarantee the security of the restitution process before, during and after the execution.
Joint associations and victim organizations present in areas where restitution and collective
compensation (reparations) process are being implemented shall be able to provide inputs to the
competent authorities for risk assessment and analysis.
The competent authorities shall launch a sustainable communication campaign on prevention,
guarantee and protection of victims' rights, which shall promote social solidarity at local and national
level.
Paragraph 2. Auditing and compliance with the criteria set out in this Article on the existing
protection programs shall be implemented within a period of not more than six (6) months from the
date of entry into force of this Law.
ARTICLE 33. PARTICIPATION OF CIVIL SOCIETY AND PRIVATE COMPANIES.
The Law recognizes that transitional efforts that propagate the implementations of victims' rights, in
particular the right to reparation, include the State, civil society and private sector. For this purpose,
State Government shall design and implement programs, plans, projects and policies aimed at
including civil society and private companies in achieving national reconciliation and implementations
of victims' rights.
ARTICLE 34. COMPROMISES MADE BY THE STATE. The Government of Colombia shall repeat its
real and effective compromise on respecting constitutional principles, treaties and conventions and
instruments constituting a block of constitutionality, which prevents any of its documents, irrespective
of their ideological or elective origin, to bring about a violation of the rights against residents in its
territories, especially under the circumstances that inspired this Law.
TITLE II
VICTIMS RIGHTS IN ADMINISTRATIVE AND COURT PROCEEDINGS
ARTICLE 35. INFORMATION ON COUNSELLING AND SUPPORT.

Victims and/or their representatives shall be informed about all legal matters, means of assistance,
therapy and other relevant aspects related to their case from the beginning to the end. For this
purpose, the authorities that intervene in the initial actions, court police officers, family attorneys and
family representatives in cases when victims are boys, girls and adolescents, prosecutors, judges or
members of the Public Ministry shall provide the following information about:
1. Authorities and organizations that victims can turn to for advice and support.
2. Services and guarantees that the victims are entitled to or can find in different entities and
organizations.
3. Place, form, authorities and legal requirements relating to application submission.
4. The actions following the submission of the application and the rights and mechanisms that
victims can use in each of the steps of the process. Authorities shall inform women about their
right not to face the perpetrator or perpetrators during the proceedings.
5. Authorities which provide protection and the minimum legal requirements that must be met in
order to access relevant programs.
6. Entities and/or authorities that can offer orientation, legal counseling or free-of-charge court
representation services to victims.
7. Competent institutions and the rights of the victims families to seek, exhume and identify their
remains in case of violent disappearance and prevention measures for victim recuperation.
8. Procedures and legal requirements for exercising the right to be assisted as victims.
Paragraph 1. In cases of crimes against freedom, integrity and sexual orientation, as well as crimes
against freedom and personal integrity and forced disappearance and kidnapping, the authorities
involved in initial actions shall offer guarantees of special information, through specialized
psychosocial support staff, about institutions to be addressed for the provision of medical services
and special psychological assistance, as well as about all the rights and legal channels the victims
need to refer to.
Paragraph 2. Each of the public entities that offer care and/or attention to the victims, shall have at
their disposal professional staff to assist and advise the victims of sexual and gender violence.
ARTICLE 36. GUARANTEE FOR THE PROVISION OF INFORMATION TO THE VICTIMS. In order
to exercise their rights within criminal proceedings or within the process of justice and peace, victims
need to be informed about the beginning, development and completion of the process, the parts in
which they can participate, the legal bases at their disposal and the ability to present evidence,
among other guarantees provided by the existing legislation. In particular, the prosecutor, judge or
competent magistrates shall inform the victims about:
1. The status of their application.
2. The beginning of formal investigation and the possibility to become part of the
investigation.
3. The arrest of the suspect or the suspects.
4. The adopted decision on preventive imprisonment or the parole of suspected
perpetrators.
5. The qualification of the offense or the preliminary hearing.
6. The beginning of the trial.
7. Public preliminary hearings and the possibility to participate in those hearings.
8. Decisions made by a judge or a magistrate.
9. Right to appeal to a verdict.
10. Exhumation of the remains that could correspond to a missing family member,
identification of possible places of inhumation and the procedures in which victims have
to participate in order to identify the remains.
11. The mechanisms in place for the protection of victims and witnesses and the
mechanisms to access them.
12. Decisions on measures of precaution that may affect the goods intended for damage
compensation (reparation).
13. Other legal proceedings that may affect the victims rights.
Paragraph 1. Information shall be provided in written, electronic or other form appropriate for the
victim, and the officers shall have a written record of informing the victims in their office.
Paragraph 2. Information on the legal proceedings in which a victim may participate must be carried
out within a reasonable time and in accordance with the process in question.
ARTICLE 37. DISCUSSION AND EXAMINATION OF EVIDENCE. Victim shall have the right,
whenever so requested, to be heard in criminal proceedings, to seek evidence and to present
evidence in their capacity.
The competent authority may investigate the victims to the extent strictly necessary in order to shed
light on the investigation, with full respect to their rights, in particular their dignity and moral integrity,
and ensure, in each case, the use of the appropriate language and attitude preventing re-
victimization.
ARTICLE 38. THE PRINCIPLE OF EVIDENCE IN CASE OF SEXUAL VIOLENCE. In cases
involving crimes of raping, judges or magistrates shall apply the following rules:
1. Consent cannot be derived from victims speech or conduct when force, a threat of force,
coercion or exploitation of a corrective environment contributed to the reduction of the ability to
give consent voluntarily and freely;
2. Consent cannot be derived from speech or conduct of a victim when a victim is unable to give
consent voluntarily and freely;
3. Consent cannot be derived from silence or lack of victims resistance to the alleged rape;
4. Credibility, honor or sexual availability of a victim or witness cannot be derived from the prior
or posterior behavior of a victim or witness;
5. A judge or magistrate shall dismiss evidence of a victim's or witness's prior or postural sexual
behavior;
Paragraph. The State Prosecutor's Office, relying on the contribution of the Ombudsmen, the State
Prosecutor's Office, international agencies and organizations dealing with the issue, shall establish a
protocol on the investigation of crimes against freedom, integrity, and sexual education, which shall
regulate the legal and psychosocial measures and aspects which shall strengthen the officials
capacities in investigation, treatment, care and attention provided to victims during all stages of
processing, and define specific actions to care for women, boys, girls and adolescent victims.
ARTICLE 39. STATEMENTS BEHIND CLOSED DOORS. In cases when security reasons or the
nature of a crime make it difficult for a victim to describe the event at a public hearing or when the
accused's presence disturbs the victim, a judge or magistrates shall determine, ex officio or at the
request of a party in the proceedings that the statement shall be given behind closed doors, in the
presence of the prosecutor, the defense, the Public Ministry representatives and the judge or
magistrate. In this case, the victim shall be informed that the audio or video recording of the statement
shall be made.
ARTICLE 40. TESTIMONY IN AUDIO OR VIDEO FILE FORMAT. A judge or magistrate may allow
oral testimony in audio or video file format, provided that this form of testimony allows the witness to
be examined by the prosecutor, the defense and the competent official at the time of the testimony.
The competent authority should note that the place chosen to record the testimony as an audio or
video message guarantees the authenticity, privacy, safety and physical and psychological well-being,
dignity and privacy of the witnesses. The competent authority has responsibility to guarantee the
safety and provide the necessary measures when forwarding the testimony given by a boy, a girl or
an adolescent victim.
Paragraph. In cases involving a boy, a girl or an adolescent victim, judge or magistrate is obliged to
protect and guarantee all necessary measures to facilitate their participation in court proceedings.
ARTICLE 41. SPECIAL TESTIMONY PROCEDURE. A judge or a magistrate may, by ex officio or at
the request of a prosecutor, Public Ministry or a victim, declare special procedures to facilitate the
testimony of child and adolescent victims, the elderly or the victims of rape. A competent officer shall
take into account the integrity of a person, bearing in mind that violating the privacy of a witness or a
victim may pose a risk to their safety, diligently observe the manner in which the victim is being
examined to avoid any form of harassment or intimidation and pay special attention to sexual violence
victims.
ARTICLE 42. PRESENCE OF SPECIAL STAFF. When a judge or magistrate assesses it necessary,
ex officio or at the request of a party in the proceedings, they may order that the victim's testimony be
made in the presence of a trauma specialist, such as psychologist, social worker, psychiatrist or
therapist, among other.
The victim shall have the right to choose the gender of the person before whom the testimony shall be
given. This provision shall be in particular applied in cases where a victim is a woman or an elderly
person who has been subjected to sexual violence, torture or other violent forms of torture, inhuman
or degrading behavior, and shall be applied without exceptions in cases where the victim is a boy, a
girl or an adolescent.
Paragraph. In cases where victims do not speak Spanish, they shall be provided with an interpreter
or a translator in order to take statement, file requests, and initiate activities in which the victim is to
be involved.
ARTICLE 43. LEGAL AID. The ombudsmen shall present the services of referral, assistance and
legal representation to the victims referred to in this Law. To this end, the ombudsmen shall make
necessary changes to adjust their institutional capacities to fulfill this mandate.
Paragraph 1. The ombudsman shall, within six (6) months, reorganize organizational structures with
the aim of fulfilling the requirements referred to in this Law.
Paragraph 2. The ombudsmen shall provide legal representation services to the victims that request
such services through the National Defense System. To this end, legal representatives shall be
appointed who shall exclusively work on assisting the victims through a special program, which
includes the criteria of the differential aid and the component of assistance to women victims.
ARTICLE 44. COURT PROCEEDINGS COSTS COVERED BY VICTIMS. Victims that can be proven
to lack resources to cover the cost of court proceedings shall be provided the measures intended to
facilitate legal access to criminal proceedings.
It is desirable, given the monetary and non-monetary resources available, that these victims are the
subject of measures such as access to teleconferencing or any other forms that allow the continuation
of procedures.
Paragraph 1. When the victim voluntarily decides to include mentoring resources or resort to
administrative justice in order to gain right to compensation for damage (reparation) and financial
compensation, their appointed representatives or attorneys representing them in the proceedings
shall not be able, under any circumstances, to accept or agree on fees that exceed two (2) minimum
guaranteed wages under the current legal regulation in the case of providing mentoring services or
twenty-five (25) minimum guaranteed wages, in the case of representation in administrative
proceedings, including the amount agreed upon as a success rate quota, quota litis, or the
percentage of the amount approved by the court in favor of the victim. This shall apply regardless of
whether of the number of representatives and independent of whether one or more victims are
involved in the process.
NOTE: The paragraph is declared CONSTITUTIONAL by the Constitutional Court, Court
Paragraph 2. The provisions under this Article shall be regulated by the State Government within a
period of not more than one (1) year from the date of entry into force of this Law.
ARTICLE 45. Institutions of Judiciary Police with permanent authority shall determine, within their
existing structure, a special group of their officers to work on activities of identifying the goods and
assets that have been hidden by persons suspected of offending the rights of victims to whom this
Law applies.
ARTICLE 46. When it is reasonable to infer from material, physical evidence, legally obtained
information or other evidence obtained during a criminal investigation into a violation of the rights of
victims as defined in this Law, that the structure or the illegal organization to which the person under
the investigation belonged to, has received financial support, voluntarily, from natural or legal persons,
domestic or foreign, with a branch office or a subsidiary in the country, or that the civil servant
dismissed from public administration for the promotion of acts of violence against international human
rights standards or the infraction of International Humanitarian Law by an illegal structure, the
prosecutor shall issue the records and evidence gathered, in line with the Criminal Procedure Code
and the provisions regulating the matter.
In cases when during the procedures regulated by Law 975 of 2005, the Justice and Peace
Prosecutor notices any of the circumstances mentioned in the preceding paragraph, he shall submit
the records and the evidence collected to a Prosecutor, in accordance with the Criminal Procedure
Code and the provisions regulating the matter.
In cases of declaring criminal liability of a natural person or a representative of a legal entity, a citizen
or an alien with a branch office or subsidiary in the country, or of a public official, as the case may be,
the judge, upon the motion of the prosecutor or the Public Ministry, shall immediately open a special
reparation case in accordance with the Criminal Procedure Code, without identifying the victims,
which means that the competent judge and magistrate shall consider the violation of rights caused by
an illegal armed group.
When deciding about the reparation incident, the investigating judge or magistrate shall order, that a
compensation to the victims be made in the amount of money that the defendant or defendants
provided or contributed to in financing the illegal structure or organization, or the equivalent amount in
cash, if the support was made in cash, or the amount the judge or magistrate deems appropriate
during the proceedings, by the means of the Victims Reparations Fund.
The judge or magistrate may also order the convicted person to execute the satisfaction measures,
which shall be executed exclusively by the defendant. This provision shall have no effect to subsidiary
liability of the State which shall be governed by the provisions of Article 10 of this Law.
Paragraph 1. If in the course of criminal proceedings the investigating judge finds reasons to believe
that the structure or illegal organization to which the defendant belonged received financial support on
a voluntary basis from a natural or legal person, domestic or foreign, with a branch office or subsidiary
in the country, he shall submit the records and the evidence collected to a prosecutor, in accordance
with the Criminal Procedure Code and the provisions regulating the matter.
Paragraph 2. The legal person whose legal representative is convicted under the terms of this
Article, shall concur as a third party liable to the reparation incident in accordance with the Criminal
Procedure Code. Likewise, the judge or magistrate may also order the execution of measures of
satisfaction for victims by the legal persons referred to in this Article.
Paragraph 3. Under no circumstances, under the provisions of this Article, shall the judge or
magistrate order a legal person, for the purposes of compensation (reparation), to provide the funds
on more than one occasion on the same basis to the Victims Reparation Fund.
TITLE III
HUMANITARIAN AID, CARE AND ASSISTANCE
CHAPTER. I
Humanitarian aid for victims
ARTICLE 47. HUMANITARIAN AID. Victims under Article 3 of this Law shall receive humanitarian aid
in accordance with their current needs resulting from victimization, with the aim of providing
assistance, protection and aid such as food, personal care products, supply management,
kitchenware, medical and psychological care, urgent transport and temporary housing under dignified
conditions, with differential approach, at the time of the violation of rights, or at the moment when the
authorities are informed of such violations.
NOTE: The underlined text is declared UNCONSTITUTIONAL by the Constitutional Court, Court
Victims of crimes against freedom, integrity and sexual orientation shall receive urgent medical and
psychological assistance.
Paragraph 1. Amended by Article 122, Law 1753 of 2015. First-degree territorial entities, Special
Administrative Unit for Victims Support and Reparation and the Colombian Institute for Family
Wellbeing, shall offer dignified temporary housing and food at the time of violations of rights or when
the authorities are informed of such violations.
Paragraph 2. Hospitals, either private or public, in the State territory, which offer health care
services, are obliged to provide urgent care at the time when victims seek such care, irrespective of
their socio-economic status, without fulfilling above mentioned admission requirements, when so
requested, for the violations referred to in Article 3 of this Law.
Paragraph 3. Special Administrative Unit for Victims Support and Reparation should initiate
appropriate actions before various entities that make up the National System for Comprehensive
Victim Support and Reparation in order to guarantee humanitarian aid. In the same way, and in
accordance with Article 49 of Law 418 of 1997 and its corresponding amendments, these units shall
provide humanitarian aid only once through its efficient and effective mechanisms, ensuring
gratitude in the procedure and in accordance with their authority.
NOTE: Text in bold is declared CONSTITUTIONAL by the Constitutional Court, Court Decision
C-438 of 2013.
Paragraph 4. Humanitarian aid to the population of victims of forced displacement, shall be
regulated under Chapter III of this Section.
ARTICLE 48. CENSUS. In cases of terrorist attacks and mass displacement, the municipal authority
shall, through the Government Secretariat, services, officials or relevant authorities, in the presence of
the Municipal Attorney, elaborate the census of the persons whose basic rights to life, personal
integrity, the right of abode, residence, and goods are being violated.
The above mentioned census shall contain at least the identification of the victim, the place of
residence and the description of the act, and submit such information to the Special Administrative
Unit for Victims Support and Reparation within a period of not more than eight (8) working days from
the day it was taken .
The information shall be provided in a unique form of compulsory use issued for these purposes by
the Special Administrative Unit for Victims Support and Reparation and shall form a part of the Unified
Victims Registry and shall replace the statement referred to in Article 155 in the section on
victimization acts recorded in the census.
Paragraph. In case of mass displacement, the census shall operate in accordance with Article 13 of
Decree 2569 of 2000, which exempts persons executing mass displacement from giving a separate
statement and claiming their registration in the Unified Victims Registry.
CHAPTER II.
Measures of assistance and care for victims
ARTICLE 49. ASSISTANCE AND CARE. The term victim assistance implies a whole set of
measures, programs and resources of political, economic, social and fiscal kind, among others,
provided by the State, aimed at re-establishing the effective exercise of the rights of victims, providing
conditions for dignified life and guaranteeing victims integration Into social, economic and political life.
From their point of view, the term attention implies providing information, referral and legal and
psychosocial follow-up of the victims in order to facilitate access to and any form of exercise of the
right to truth, justice and compensation.
ARTICLE 50. ASSISTANCE FOR FUNERAL SERVICES. In order to solve their cases and practice
their authority, territorial entities, in accordance with the provisions of Articles 268 and 268 of Decree-
Law 1333 of 1986, shall pay installments, without intermediaries, to the victims referred to in this Law,
for the funeral services costs, at all times and when they lack the funds to cover such costs.
Paragraph. Costs of funeral services and transportation in cases when the victim died in the area of
the municipality other than his or her municipality of residence shall be covered by the municipality
where the death occurred and the municipality of the victim's permanent residence.
ARTICLE 51. MEASURES IN EDUCATION. Educational bodies shall adopt, within their
competencies, the measures necessary to ensure access to education and exemption from all
academic fees (tuition) in the official educational institutions at the pre-school, primary and secondary
levels of education provided to victims as defined in this Law, always and when the victims lack funds
to cover such costs. In cases when official sector cannot be accessed, a contract with private
institutions can be made.
NOTE: Text in bold is declared CONSTITUTIONAL by the Constitutional Court, Court Decision
C-462 of 2013.
In the higher education sector, institutions of technical and technological studies and universities or
technical and technological colleges and public universities shall, within their autonomy, establish
selection, admission and enrollment processes which shall enable victims referred to in this Law,
especially women - breadwinners, adolescents and the disabled, to access academic programs
offered by these institutions.
The State Ministry of Education shall include victims referred to in this Law in the strategies of
assistance to different populations and shall include them in special loan and subsidizing lines of
ICETEX.
Within the approved quotas and quotas for training provided by the State Education Service, SENA,
victims referred to in this Law shall have priority as well as easier and guaranteed access to
education.
ARTICLE 52. MEASURES OF HEALTH CARE PROTECTION. General Social System for Health
Care guarantees to cover health care for victims referred to in this Law, in accordance with the
capabilities and responsibilities of the General Social Health Care System.
Any person registered in the Unified Victims Registry under this Act shall have access to the rights
under Article 32.2 of Law 1438 of 2011 and shall be eligible for health care subsidy, except in cases
where the victim is proven to be able to cover these costs.
Paragraph 1. In order to ensure coverage of health care for victims referred to in this Law, giving
priority to and responding to the special needs of this population, the Comprehensive Health Care
Plan shall be implemented, in accordance with the capabilities and responsibilities of the General
Social Health Care System and Law 1438 of 2011.
Paragraph 2. Victims registered in the system Sisbn 1 and 2 shall be excluded from any kind of
participation and compensation for health care services that they request. In case they do not belong
to any of the systems, they shall be immediately registered in the subsidiary insurance system.
ARTICLE 53. URGENT MEDICAL ASSISTANCE. Hospitals, public or private, in the state territory
providing health care services are obliged to provide urgent assistance to the victims that require such
assistance, irrespective of their socio-economic situation and without requiring fulfillment of admission
conditions.
ARTICLE 54. HEALTH CARE SERVICES. Medical, surgical and hospital services include:
1. Hospitalization.
2. Medical-surgical aids, osteosynthesis, orthoses and prosthetics, in accordance with the
technical criteria adopted by the Ministry of Social Protection.
3. Medications.
4. Medical fees
5. Support services such as blood banks, laboratories, diagnostics.
6. Transport.
7. HIV and STD testing in cases when a person was a victim of a violent physical assault.
8. Voluntary termination of pregnancy services in cases approved by a Constitutional Court
permission and/or by law, with full respect for the victim's wishes.
9. Assistance relating to sexual and reproductive rights of women victims.
Paragraph. The recognition and payment of the medical, surgical and hospital care services referred
to in this chapter shall be carried out under the auspices of the Ministry of Social Protection and
covered by the Fosyg (Solidarity and Guarantee Fund), using Catastrophic Events and Traffic
Accidents subaccount, exclusively in cases when services are provided to treat permanent injuries
and other health impacts that are directly related to violent events that cause harm under Article 3 of
this Law, unless they are covered by a voluntary health insurance plan.
ARTICLE 55. REMISSION. Beneficiaries of the General Social Health Care System considered
victims referred to in this Law shall be treated by the institutions providing health care services, and
once they receive urgent care and stabilization occurs, if these instructions are not contradictory to
the availability and the capacity of continuation of service provision, they shall be transferred to the
hospitals appointed by the insurance to continue the necessary treatment. Admission to hospital and
care of victims in these hospitals is urgent and mandatory throughout the state territory, and these
institutions shall immediately notify Fosyga (Solidarity and Guarantee Fund) about admitting and
assisting the victims.
Paragraph. Persons in situation provided for by this provision who are not beneficiaries of the social
and health care system or any other system shall access their rights under Article 158 of Law 100 of
1993, as long as they do not legally access the legal system under a labor contract or otherwise.
ARTICLE 56. INSURANCE POLICIES. Costs of care for protected victims with health insurance
policies in insurance companies or under contracts with medical companies shall be covered by the
State in accordance with the provisions of this Chapter when they are not covered or are insufficiently
covered by the insurance company or under the contract.
ARTICLE 57. EVALUATION AND CONTROL. The Ministry of Social Protection or the Supreme
National Health Administration shall, depending on the case, conduct evaluation and control on
aspects relating to:
1. Number of patients treated
2. Medical and surgical services
3. Hospital supplies and sanitary supplies spent
4. Cause of cost and diagnosis
5. Condition of patient before hospital administration
6. Effective payment to service provider
7. Refusal to provide adequate care by the provider of services or insurance companies.
8. Quality of care conditions by IPS, EPS or special arrangements
9. Other factors that make up the cost of the service, in accordance with the provisions of this
Law.
ARTICLE 58. INSPECTION AND SUPERVISION. Failure to comply with the provisions of this
chapter shall, for the providers of medical services, for EPS, special arrangements and responsible
staff, be the reason for sanctioning by the bodies competent for the inspection and supervision, in
accordance with Articles 49 and 50 of Law 10 of 1990 and other relevant regulations.
ARTICLE 59. ASSISTANCE FOR THE SAME EVENT. Victims who have used the rights to the above
mentioned measures shall not be provided assistance for the same event unless it is proven that they
need such assistance due to disability.
CHAPTER. III
Assisting victims of forced displacement
ARTICLE 60. APPLICABLE NORMS AND DEFINITIONS. Assistance to victims of forced

displacement shall be governed by this chapter and shall be complemented by the public policy on
prevention and socio-economic stabilization of the displaced population under the Law 387 of 1997
and the other provisions regulating this matter.
Existing provisions aimed at achieving effective enjoyment of the rights of the existing displaced
populations, which are not contradictory to this Law, shall remain in force.
NOTE: The underlined text is declared UNCONSTITUTIONAL by the Constitutional Court, Court
Decision C-280 of 2013, the remaining text from the paragraph is declared CONSTITUTIONAL
by the same Court Decision.
Paragraph 1. The costs of provision of assistance to displaced persons covered by the State shall
no case be deducted from the amount of administrative or court indemnification that this population is
entitled to.
This offer, whenever of priority and widespread and when it reaches its sensitive aspects, it has a
reparation effect, except for urgent humanitarian aid, in urgent and transitional cases.
NOTE: The second part of the paragraph is declared CONSTITUTIONAL by the Constitutional
Court, Court Decision C-280 of 2013.
Paragraph 2. For the purpose of this Law, it shall be considered that the victim of forced
displacement is any person who has been forced to migrate within the state territory, leaving their
residence or usual economic activity because their life, physical integrity and personal security or
freedom have been threatened or under direct threat, in terms of violation of the rights referred to in
Article 3 of this Law.
NOTE: The paragraph is declared CONSTITUTIONAL by the Constitutional Court, Court
ARTICLE 61. DECLARATION OF THE EVENTS THAT AFFECT DISPLACEMENT. A person who is
a victim of forced displacement shall give a statement before any of the institutions of the Public
Ministry within two (2) years after the execution of the offense which caused displacement, always
and when such events occurred after 1st January 1985 and when they are not registered In the Unified
Registry of Displaced Persons.
The statement shall be part of the Unified Victims Registry, in accordance with Article 155 of this Law.
The value assessed by an official in charge of receiving a registration application should respect the
constitutional principles of dignity, good faith, legal trust and the priority of substantive law.
Paragraph 1. A period of two (2) years is set for the reduction of the Sub-registry, during which the
victims of displacement from previous years can report events in order to be considered for the
inclusion in the Registry.
For these purposes, the State Government shall launch a state-level disclosure campaign with the
aim of encouraging the victims of forced displacement who have not registered with the Public
Ministry to give their statement.
Paragraph 2. In statements given two years after the execution of the act that led to the forced
displacement, the official of the Ministry of Public shall inquire about reasons for which the statement
has not been given earlier, with the aim of determining the obstacles preventing the victims from
accessing protection from the State.
In any case, one has to investigate about the circumstances of the time, manner and places that led
to displacement so as to obtain accurate information that makes it possible to make a decision about
inclusion in the Registry.
Paragraph 3. In cases when a force majeure prevented the victim of forced displacement to give a
statement at a period established in this Article, the two-year period shall begin from the moment
obstacles to giving a statement cease to exist.
A victim of forced displacement should inform an officer of Public Ministry, who shall then inform and
send a letter to the Special Administrative Unit for Victims Support and Reparation about these
circumstances, in order to take appropriate actions relating to the events mentioned above.
ARTICLE 62. STAGES OF HUMANITARIAN AID. Regulated by National Decree 2569 of 2014
Three stages or phases of humanitarian aid are provided to the victims of forced displacement:
1. Immediate assistance;
2. Urgent humanitarian aid; and
3. Humanitarian transition assistance.
Paragraph. The stages defined here shall be variable in their time dimension and the content of the
assistance mentioned, in accordance with a qualitative assessment of the vulnerability of each victim
of displacement which shall be carried out by the competent entity.
ARTICLE 63. IMMEDIATE ASSISTANCE. This is humanitarian aid given to those who claim to be
displaced and are in a state of extreme vulnerability and require temporary accommodation and food.
This kind of assistance is proportional to the territorial entity at the level of municipalities receiving the
displaced persons. The assistance shall be provided immediately, from the moment the victims submit
their application until the moment they are registered with the Unified Victims Registry.
Paragraph 1. This kind of humanitarian aid can be accessed by persons who provide the statement
referred to in Article 61 of this Law when the event that caused the displacement occurred within three
(3) months preceding the submission of the request.
In cases when force majeure prevents the victim of forced displacement from giving a statement in
accordance with this paragraph, the start of the set time limit shall be considered from the moment
aggravating circumstances cease to exist, while the official of the Public Ministry shall make inquires
and notify the competent entity to take appropriate actions.
Paragraph 2. Until the Unified Victims Registry becomes operational, a Unified Registry of
Displaced Person shall continue to operate in accordance with Article 153 of this Law.
See Resolution UARIV 2348 of 2012.

ARTICLE 64. URGENT HUMANITARIAN AID. Regulated by National Decree 2569 of 2014.
Humanitarian aid is entitled to displaced persons or households when an administrative act including
them in the Unified Victims Register has expired and it shall be delivered in accordance with the
degree of need and urgency in relation to the minimum life needs.
When the registration is completed, the copy of the information about the relevant criminal events
shall be forwarded to the State Prosecution in order to begin the necessary investigations.
Paragraph 1. Urgent humanitarian aid shall continue to be provided by the President Agency for
Social Work and International Cooperation as long as they are guaranteed the operational resources
of the Special Administrative Unit for Victims Support and Reparation.
Special Administrative Unit for Victims Support and Reparation shall provide humanitarian aid through
efficient and effective mechanisms, ensuring gratitude in the process and making sure that the
beneficiaries receive it in full and as intended.
Paragraph 2. Until the Unified Victims Registry becomes operational, Unified Registry of Displaced
Persons shall operate in accordance with Article 154 of this Law.
ARTICLE 65. HUMANITARIAN ASSISTANCE IN TRANSITION. Regulated by the National Decree
2569 of 2014. This is a kind of humanitarian aid provided to displaced persons already registered in
the Unified Victims Register, which still does not contain the necessary elements for its minimum
viability, whose situation, in the light of the assessment provided by the Special Administrative Unit for
Victims Support and Reparation, do not exhibit the severity and urgency that would make them
eligible for urgent humanitarian aid.
Paragraph 1. Amended by Article 122, Law 1753 of 2015. The Colombian Institute of Family
Wellbeing shall initiate appropriate actions to guarantee the food supplies for displaced households.
Likewise, the Special Administrative Unit for Victims Support and Reparation and territorial entities
shall adopt measures to regulate the temporary accommodation of displaced population.
Paragraph 2. Employment programs intended for victims in accordance with this Law are
considered part of humanitarian aid in transition.
ARTICLE 66. RETURN TO THE PLACE OF ORIGIN. Regulated by the State Decree 2569 of 2014.
In order to guarantee full assistance to persons who are victims of forced displacement who decide to
voluntarily return to the place of their origin, under favorable security circumstances, shall remain in
the place they have chosen and in which the State guarantees effective enjoyment of their rights
through special follow-up scheme.
NOTE: The text in italics is declared CONSTITUTIONAL by the Constitutional Court, Court
In the absence of security conditions to stay at a chosen location, victims should contact the Public
Ministry and state which events are causing or may cause displacement.
NOTE: The text is declared CONSTITUTIONAL by the Constitutional Court, Court Decision C-
462 of 2013, under the condition that it does not affect the exercise of rights recognized by the
Law for persons subject to forced displacement, including the possibility of resettlement.
Paragraph 1. Amended by Article 122, Law 1753 of 2015. Special Administrative Unit for Victims
Support and Reparation should initiate appropriate action before various entities constituting the State
Aid and Reparation System in order to ensure effective and comprehensive assistance to returnees,
in particular relating to rights to identification at the expense of the National Civilian Election and
Registration Agency, the right to health care at the expense of the Ministry of Social Protection, the
right to education at the expense of the State Ministry of Education, Nutrition and Family Unification at
the expense of the Colombian Family Welfare Institute, the right to dignified residence at the expense
of the Ministry of Environment, Housing and Territorial Development when it comes to urban
accommodation and at the expense of the Ministry of Agriculture and Rural Development when it
comes to rural accommodation and at the expense of the State Learning Service when it comes to
occupational orientation.
Paragraph 2. T Special Administrative Unit for Victims Support and Reparation shall regulate the
process of guaranteeing that victims of forced displacement outside the state territory for violating the
rights referred to in Article 3 of this Law are included in the return and resettlement program referred
to in this Article.
ARTICLE 67. TERMINATION OF THE STATE OF VULNERABILITY AND EXTREME WEAKNESS.
Regulated by National Decree 2569 of 2014. The state of vulnerability and extreme weakness caused
by the act of displacement shall cease when victims of forced displacement reach effective enjoyment
of their rights through their own media or programs established by the State Government. This shall
be made available through components of comprehensive care to which the public policies on
prevention, protection and comprehensive care of victims of forced displacement are applied in
accordance with Article 60 of this Law.
Paragraph 1. The State Government shall establish criteria to determine the termination of
vulnerability and the extreme weakness caused by the act of displacement, in accordance with the
indicators of effective enjoyment of the right to full assistance defined by jurisprudence (court
practice).
Paragraph 2 . When the state of vulnerability and extreme weakness is terminated by the act of
displacement, the Unified Victims Registry shall be amended in order to record the termination
referred to in this Article.
In any case, the persons shall retain their victim status and, accordingly, all additional rights.
ARTICLE 68. ASSESSMENT OF TERMINATION OF THE STATE OF VULNERABILITY AND
EXTREME WEAKNESS. Regulated by State Decree 2569 of 2014. Special Administrative Unit for
Victims Support and Reparation, municipal or district mayors of the places of residence of displaced
persons shall assess every two years the conditions, vulnerability and extreme weakness caused by
the act of displacement.
The assessment shall be carried out through existing mechanisms to monitor households and
persons affected by termination of the state of vulnerability and extreme weakness in accordance with
the previous Article.
Entities at the national or regional level should focus their institutional offer in order to meet
satisfaction of needs relating to displacement in accordance with the results of the assessment of the
termination of the state.
TITLE IV
COMPENSATION (REPARATION) TO VICTIMS
CHAPTER I General provisions
ARTICLE 69. COMPENSATION (REPARATION) MEASURES. Victims referred to in this Law are
entitled to compensation (reparation) relating to restitution, indemnity, satisfaction, and guarantees of
non-repetition in individual, collective, material, moral, and symbolic aspects. Each of the measures
shall be implemented in favor of victims depending on the violation of their rights and the
characteristics of the criminal offense.
ARTICLE 70. The State of Colombia should adopt an integral program through the National Plan of
Assistance and Comprehensive Repatriation to Victims which shall include the victim's return to their
place of residence or resettlement and restitution of their immovable property.
CHAPTER. II
General provisions of restitution
ARTICLE 71. RESTITUTION. The concept of restitution implies the implementation of measures for
the establishment of a prior status in relation to the violation of the right under Article 3 of this Law.
CHAPTER. III
Land restitution. General provisions
Arranged by the National Decree 4829 of 2011.
ARTICLE 72. RESTITUTION TO PERSONS DEPRIVED OF THEIR PROPERTY. The State of
Colombia shall adopt the necessary measures for legal and material restitution of land to persons
deprived of their property and displaced persons. If the restitution is not possible, it shall determine
and recognize the appropriate compensation.
Actions related to compensation for damage to persons deprived of property include legal and
material restitution of the misappropriated property. The subsidy shall proceed in order, restitution by
equivalence or recognition of compensation.
In the case of non-valuable goods, the rights shall be granted to property of a non-valuable property
to the benefit of the person who carried out economic exploitation if, during the misappropriation or
abandonment of the property, the conditions for the acquisition were fulfilled.
Legal restitution of abandoned property shall be executed by re-establishing the right to property or
property rights as the case requires. Re-establishing the right to property shall require the registration
of the measure in the property card (entry). A property right reinstatement may be accompanied by a
declaration of affiliation in accordance with this Law.
In cases where the legal and material restitution of misappropriated property is impossible or when a
person deprived of property cannot return for reasons of threats to life and personal integrity,
alternatives to restitution shall be offered in accordance to the equivalence principle in order to access
terrains of similar characteristics and conditions at another location, with prior consultation with the
person in question. Financial compensation shall occur exclusively if no other form of restitution is
possible.
The State Government shall resolve this issue within six (6) months of the entry into force of this Law.
ARTICLE 73. PRINCIPLES OF RESTITUTION. Restitution referred to in this Law shall be governed
by the following principles:
1. Preference. Restitution of the land, with post-restitution support, is the preferred measure of
compensation for damages (reparation).
NOTE: The underlined text is declared CONSTITUTIONAL by the Constitutional Court,
Court Decision C-715 of 2012.
2. Independence. The right to land restitution is the right in itself and it is independent of
whether or not the persons to whom this right is granted are returning;
NOTE: The underlined text is declared CONSTITUTIONAL by the Constitutional Court,
Court Decision C-715 of 2012.
3. Progressiveness. It is considered that the restitution measures referred to in this Law aim to
encourage the progressive re-establishment of the victim's life;
4. Stabilization. Victims of forced displacement and abandonment have the right to voluntary
return and settlement under conditions of sustainability, security and dignity.
5. Legal security. Restitution measures shall seek to guarantee the legal security of restitution
and clarification of the ownership of the property subject to restitution. With this in mind, the
registration of the property shall be sought as a measure of restitution, stating the legal
connection the victims had with the property which is subject to restitution or compensation.
6. Prevention. Restitution measures shall be implemented within prevention of forced
displacement, protection of life and integrity of the seekers of legal and physical protection of
land and property of displaced persons;
7. Participation. Planning and management of return or resettlement and reintegration into the
community shall include full support and participation of victims;
8. Constitutional prevalence. Judicial authorities referred to in this Law are responsible to
guarantee the rights of victims whose property has been confiscated or forcefully abandoned,
and to grant them a special constitutionally protected connection with the property they have
been deprived from. Accordingly, the priority in the restitution process shall be given to the
most vulnerable victims and those who have a connection with the land that is subject to
special protection.
ARTICLE 74. PROPERTY MISAPPROPRIATION AND FORCED ABANDONMENT OF LAND. The
concept of property misappropriation refers to an act of violence by which a person is arbitrarily
deprived of their property or land or the rights to use their property or land, whether through a court
order, an administrative act, a court decision or through a committee dealing with violent offenses.
The concept of forced abandonment of the land refers to a temporary or permanent situation where
persons are forced to leave the land, which prevents them from managing, exploiting, and having
direct contact with the land that is left unattended during the period established in Article 75.
Violation of possession or abandonment of a property caused by the act of violence which causes
forced displacement of the owner during the period of time established in Article 75 shall not terminate
due registration deadline.
The misappropriation of a real estate property or forced displacement during the period of time
established in Article 75 shall not terminate the registration deadline required by the regulations. In the
event that the period of possession required by the regulations is met, a statement of affiliation in
favor of the re-established owner may be presented during the same process.
In cases where forced displacement interrupted economic exploitation of unprofitable land, the
ownership rights shall be granted to persons deprived of their rights, without taking into account the
duration of the exploitation. In such cases, the judge must apply the criterion of the agricultural family
union as the maximum extension and any other entitlement granted shall be ineffective.
The owner of the land or the economic explorer of unprofitable land shall notify of their displacement
any of the above mentioned entities: the Municipal Attorney, the Ombudsman, the Agricultural
Warden, and the Unit for Land Restitution or the State Prosecution Office to initiate the necessary
actions.
Paragraph. Deprivation of property is independent of criminal, administrative, disciplinary or civil
responsibility of the persons being deprived of their rights to property, possession or use of the
property, as well as of the persons who pose threats or commit acts of violence.
ARTICLE 75. THE HOLDER OF THE RIGHT TO RESTITUTION. Persons who owned the property or
exploited an unprofitable land whose property is to be apportioned by adjudication, who were
deprived of their property or forced to leave their property due to direct and indirect consequences of
events that are characterized as violent under Article 3 of this Law between 1 January 1991 and the
date of entry into force of this Law, may seek judicial and material restitution of misappropriated or
forcefully abandoned land within the scope of this chapter.
RESTITUTION PROCESS AND PROTECTION OF THIRD PARTY RIGHTS
ARTICLE 76. REGISTRY OF ALLEGEDLY MISAPPROPRIATED AND FORCIBLY ABANDONED
LAND.
A "Registry of stolen and forcibly abandoned land" shall be created as a restitution instrument for the
land referred to in this Law. The Registry shall include persons who were displaced from their land or
forced to leave it and thus terminate legal ownership of the land, specifying the precisely the property
that was subject to seizure, preferably by means of geo-referencing, as well as the period during
which armed influence on property existed.
The Registry shall be implemented in a gradual and progressive manner, in accordance with the
regulations, having in mind the state of security, the historical burden of seizure and the conditions for
return. The establishment and administration of the Registry shall be financed by the Unit for Land
Restitution that shall be established referred to in this Law.
Entry into the Registry shall be done ex officio or at the request of the person concerned. The
Registry shall specify the property that was stolen or forcibly abandoned, the person and family
nucleus of the person deprived of land or the person who has left the property. In cases when there
are more people who are deprived of the same property or several cases of abandonment, the Unit
shall enter each of them individually into the Registry. In that case, all claims for restitution or
compensation shall be processed during the process.
Once the claim for registration of the property in the Registry has been submitted by the person
concerned or a process of registration has been initiated ex officio, the Unit for Land Restitution shall
notify the owner or the user of the land subject to registration about the said process, in order to
provide them with the opportunity to present documents proving the ownership, possession or use of
the property, in good faith, in accordance with the Law. The Unit has sixty (60) days, starting from the
beginning of the process, in accordance with the second paragraph of this Article, to decide on the
inclusion in the Register. This deadline may be extended up to thirty (30) days, when there are
circumstances justifying it.
The entry of a property into the Registry of the misappropriated land shall be a procedural
requirement for initiating the restitution referred to in this Chapter.
Unit for Land Restitution shall have access to information on victims of property deprivation or forced
abandonment contained in all databases of the Agustn Codazzi Geographical Institute and
decentralized cadastres, the notary, the Colombian Institute for Rural Development, the Supreme
Supervision of Notaries and Registrars, Public Registration Office Instruments, among other things.
To this end, relevant entities shall have at their disposal real-time information sharing services with the
Unit for Land Restitution, with a basis in line with the security and policy standards defined in Decree
1151 of 2008 on the Government's online strategy.
In cases where technological infrastructure does not allow for real-time exchange of information,
entity public officials and relevant organizations shall submit the information within a maximum of ten
(10) days from the date of the submission of the claim. Any obstruction to access to information or
failure to perform the above mentioned action by the public officials shall constitute a serious breach
of employment contract, regardless of the criminal sanctions that can be applied.
Paragraph 1. Authorities that receive information on forced abandonment and seizure of land shall
submit all relevant information to the Special Administrative Unit for Land Restitution on the working
day following the day of receiving the information, with an aim of accelerating entry into the Registry
and the restitution process.
Paragraph 2. Special Administrative Unit for Land Restitution shall provide access to information to
the Special Administrative Unit for Victims Support and Reparation, in order to guarantee the integrity
and internal operations of the National Information Network for the Care and reparation of the Victims.
ARTICLE 77. PRESUMPTIONS ABOUT THE MISAPPROPRIATED LAND RELATED TO THE
PROPERTY ENTERED INTO THE REGISTRY OF MISAPPROPRIATED LAND.
With respect to the misappropriated and forcibly abandoned land registered in the Registry, the
following assumptions shall be considered:
1. Presumptions to the right in relation to certain contracts. With an aim of confirming facts in the
process of restitution, there is a presumption that there is a lack of consent or unlawful cause
in the dealings and purchase contracts or any other manner in which the real rights, property
or occupation of the property subject to restitution are being transferred or promised to be
transferred, which were concluded in the period foreseen under Article 75 between a victim,
victims spouse, partner, member of the family or an adult with whom he or she lives, the
attorney of persons accused of belonging to, participating in or financing the illegal armed
groups, whatever their name may be, or persons accused of drug trade and similar offenses,
when they acted on their own or through third parties. The lack of agreement in types of
contracts mentioned above constitutes the absence of an act or activity and absolute
revocation of all acts or posterior actions done over a part or whole property.
2. Legal presumptions under certain contracts. Unless proven differently, for the purposes of
presenting evidence in the restitution process, it is presumed that the following legal affairs
include a lack of consent or lawful purpose, in the purchase contracts and other legal acts
which transfer or promise to transfer real rights, property or occupation of property in the
following cases:
a. In the territory where widespread acts of violence, acts of collective forced
displacement or serious violations of human rights occurred during the periods of
threats or acts of violence which allegedly caused seizure or abandoned of the land
over which either individual or collective measures of protection in conjunction with the
Law 387 of 1997, except in cases approved by the competent government or when the
victim, the victims spouse, partner, family members, adults victim lived with or their
attorney deprived of the land were displaced.
b. In the property bordering with the property in which, after or simultaneously with
threats, acts of violence or property seizure occurred, when the seizure of land was
caused by the phenomenon of the concentration of the land ownership to one or more
persons, directly or indirectly; over property in the neighborhood of the property where
significant changes in land use occurred, such as consumer agriculture, maintenance
of monoculture, extended livestock breeding or industrial mining, after the threats, acts
of violence or seizure.
c. With persons who were extradited due to drug trafficking or similar acts, whether they
acted alone or through third parties.
d. In cases when the value formally presented in the contract or the effective paid amount
is less than fifty percent of the real value of the right, the ownership of which is being
transferred at the time of transition.
e. In cases failing to dispute the lack of agreement in contracts and activities mentioned
in this Article, the act or activity concerned shall be considered non-existent and all
subsequent actions conducted over all or part of the property shall be defective and
inadmissible.
f. Over the added property in accordance with Law 135 of 1961 and Decree 561 of 1989,
joint ventures, associations or rural cooperatives, when transformation into a
partnership company occurred after forced displacement.
3. Legal presumption about certain administrative acts. When the opposing party has proven
ownership of the property, possession or occupation and subsequent seizure of immovable
property, it shall not be possible to deny the restitution where an administrative act legalizes
the legal situation contrary to the rights of the victim. In favor of supporting evidence in the
process of restitution, it is legally assumed that such acts are invalid. Consequently, a judge or
magistrates shall declare the irrelevance of such acts. The irrelevance of these acts causes
irrelevance of all post-administrative administrative acts and the irrelevance of all legal private
acts and activities that refer to the whole or part of the property.
NOTE: The word opposing is declared UNCONSTITUTIONAL by the Constitutional Court,
Court Decision C-715 of 2012, while the word party is declared CONSTITUTIONAL in part
where it refers to victims of land seizure of forced abandonment, the claimants.
4. Presumption of process retention in court decisions.
When a claimant has demonstrated ownership, possession or use and subsequent seizure of
immovable property, they shall not be denied restitution on grounds that a transitional court decision
has allowed, transmitted, expropriated or declared property in favor of a third party or that the relevant
property was subject to auction, if the appropriate court proceeding had been initiated between the
period of threats and acts of violence which caused displacement and the period of judicial decision
ending the process referred to in this Law.
NOTE: The underlined term is declared CONSTITUTIONAL by the Constitutional Court, Court
For evidentiary purposes in the process of restitution, it is assumed that acts of violence have
prevented a person deprived of property from exercising their basic right to protection within the
process by legalizing a situation that is contrary to their right. As a result, the judge or magistrates
may reconsider court decisions violating the victim's rights and order adjustments to be implemented
and make an effective positive decision to victims whose land has been misappropriated.
5. Presumption of non-existence of property. When the process of restitution begins, during the period
referred to in Article 75 and the court decision terminating the process referred to in this Law, it shall
be presumed that the said property has never existed.
ARTICLE 78. THE INVERSION OF THE EVIDENTIARY PROCEEDINGS. It shall be sufficient to
present summary of evidence of ownership, possession or use and to recognize a displaced person in
court proceedings, or, failing that, a summary of the evidence of the person deprived of property in
order to transfer the evidentiary proceedings to the defendant or those who oppose the victim's
stance during the restitution proceedings, unless they also have the status of a displaced person or a
person deprived of property in the same period.
ARTICLE 79. AUTHORITY OVER THE RESTORATION PROCESS ASSESSMENT. Supreme Court
judges of the Civil District Divisions, specialized in land restitution, shall decide on one case on the
process of land restitution and the process of formalizing the status of persons deprived of property
and those who have forcibly left their property, in cases where opponents in the process are
recognized. In the same way, they shall be included in consulting court decisions brought by judges of
civil law, specialized in the domain of land restitution.
The civil rights judges, specialized in land restitution, shall know and decide on one case on land
restitution processes and processes of formalization of titles of the persons deprived of land and
those who have forcibly left their property, in cases where the opponents in the process are
recognized.
In proceedings recognizing the opponents, Civil Right Judges from District, specialized in land
restitution, shall conduct the process until the point when a mistake was made and submit it to the
competent Supreme Court of the Legal District.
Court decisions made by Civil Right Judges of District, specialized in land restitution, who do not rule
on restitution in favor of a person whose property has been misappropriated shall be subject to
consultation before the Supreme Court of the Legal District of Civil Law Department, in defense of the
court order and the defense of the rights and guarantees of a person whose property had been
misappropriated.
Paragraph 1. Judges of the Supreme Court of the Legal District of Civil Law Department, specialized
in land restitution, shall be able to declare ex officio additional evidence they find necessary, which
shall be used for a period no longer than twenty (20) days.
Paragraph 2. When there is no civil law judge specialized in land restitution, a request for restitution
shall be filed before any Municipal Property Rights Judge in the District or Municipal Court Judge, who
shall forward it within two (2) days to the competent officer.
ARTICLE 80. TERRITORIAL JURISDICTION. Judges and magistrates shall have the jurisdiction in
places where the property is situated, and if the property is located in multiple municipalities with
different jurisdictions, judges and magistrates in relevant municipalities with jurisdiction in places
where the claim has been submitted shall have the authority.
ARTICLE 81. LEGITIMACY. Actors of the activities regulated by this Law are:
Persons referred to in Article 75
Their spouse or partner with whom they lived at the time when the acts of threats which led to seizure
or forcible abandonment of the land occurred, depending on the case.
When a person whose land was misappropriated or their spouse or a partner is imprisoned or is
declared as a missing person, the proceeding may be initiated by heirs, in accordance with the Civil
Code; in agreement with the spouse or the partner a marital status at the time when the offense had
occurred shall be taken into account.
In the cases referred to in the preceding paragraph, when the heirs are minors or the incapacitated
persons or when they have lived with the person whose property has been misappropriated and from
which they were financially dependent, at the time of the victimization, the Special Administrative Unit
for Restitution Land will act on behalf and benefit of the victim.
The above mentioned persons shall be able to request that the Special Administrative Unit for
Management and Restitution of Expropriated Land act on their behalf and in their best interest.
ARTICLE 82. CLAIM FOR RESTITUTION OR FORMALIZATION BY THE SPECIAL
ADMINISTRATIVE UNIT FOR RESTITUTION OF MISAPPROPRIATED LAND. Special
Administrative Unit for Management and Restitution of Expropriated Land may request from the judge
or the magistrate the change of the ownership and transfer of the property entered into the Registry of
the Misappropriated Land, in favor of the victims and represent them in the process.
Paragraph. Victims may submit collective claims for the restitution or formalization of property
registered in the Units, which show uniformity in relation to the neighborhood of the misappropriated
or abandoned land, the time and cause of the transfer.
ARTICLE 83. REQUEST FOR RESTITUTION OR FORMALIZATION.
When the legal requirement for the procedure referred to in Article 76 is met, the person whose
property has been misappropriated shall directly contact the judge or magistrate, in accordance with
Article 79, by submitting a written or oral request, either personally or through an authorized
representative.
ARTICLE 84. CONTENT OF THE REQUEST. The request for restitution or formalization shall
include:
a) Identification of the property that shall contain at least the following information: location,
department, municipality, or internal part of the municipality (corregimiento) or rural areas
(vereda), identification from the Registry, real estate registration number and cadastral
identification, cadastral parcel number.
b) Proof of registration of property in the Registry of misappropriated land.
c) Factual situation and rights relating to the request.
d) Name, age, identification and address of the person deprived of land and their family nucleus
or of the group of claimants, depending on the case.
e) Certificate of tradition and freedom of property registration that recognizes property in the
Registry.
f) Certificate on cadastral property value.
Paragraph 1. Victims shall be exempt from paying the proceedings costs referred to under this
Article, including the court fees referred to in Law 1394 of 2010.
Paragraph 2. In cases where it is not possible to submit the documents listed under items e) and f)
of this Article, persons who submit admissible evidence indicated in the Code of Civil Procedure may
be credited as owners or occupants of the land subject to restitution.
ARTICLE 85. REQUEST PROCEDURE. Verification of the request shall be done by the Judge or the
Magistrate, depending on the case, who shall be awarded the case on the basis of the case allocation
made by the President of the Council on the same day, or no later by the following working day. The
Judge or Magistrate shall take into account the state of the victim's vulnerability in order to consider
the processing of their requests legitimate.
ARTICLE 86. REQUEST RECEIPT. The person who receives the request should include:
a) Entry of the request in the Registry of Public Instruments Office stating the real estate
registration certificate and the entry number of official registration made by the Registry Judge,
together with the certificate of the legal status of the property, within five (5) days from the day
of the receipt of the registration request.
b) Temporary cease of trade in property or properties subject to restitution, pending the execution
of a court decision.
c) Suspension of declarative processes of real rights to property subject to restitution, inheritance
processes, division, from measurement to marking, reliefs, possession of any nature, property
restitution, from ownership certificate and abandoned property or property with unknown
owners, which have begun before regular courts in relation to a property or properties whose
restitution is sought, as well as executive, judicial, notary and administrative proceedings
affecting the property, with the exception of the expropriation process.
d) Notice of initiating the process delivered to the legal representative of the municipality where
the property is located and to the Public Ministry.
e) Publication of the receipt of the request in a paper with a wide national circulation with the
inclusion of identification of the property and the names and identification of the person and
the family nucleus of the person whose property was taken away or who has left the property
whose restitution is sought, so that the persons with legitimate rights in relation to the property,
real guarantors and other creditors with property-related liabilities, as well as those considered
to be affected by the suspension of the process and administrative procedures, could access
the process and exercise their rights.
Paragraph. In addition, the Judge or Magistrate in this or any other stage of the proceedings shall be
able to take precautionary measures which they consider appropriate to prevent inevitable damage or
to terminate the damage that is already being caused to the real estate.
ARTICLE 87. REQUEST TRANSFER. Request transfer is allowed to those who are mentioned as the
registered holders of rights in the certificate of tradition and freedom of registering the property where
the property for which the restitution is located and the Special Administrative Unit for Management
and Restitution of Expropriated Land when the request was submitted with its intervention.
The publication of information under the item e) of the previous Article shall allow the transfer of the
request to unspecified persons who believe that they should participate in the process to confirm their
legitimate rights and who are considered to be affected by the process of restitution.
When the above mentioned formalities are completed and third parties do not appear, the claimants
shall be assigned a legal representative within five (5) days.
ARTICLE 88. COMPLAINTS. Complaints must be filed to the judge within fifteen (15) days from the
day of submitting the request. Complaints on requests made by individuals shall be presented under
oath and shall be accepted if they are relevant. Complaints filed by the Special Administrative Unit for
Management and Restitution of Expropriated Land, when the request was not submitted by the Unit,
shall be valued and taken into consideration by the Judge or the Magistrate.
In cases when Special Administrative Unit for Management and Restitution of Expropriated Land did
not act as a claimant, it shall be able to file a complaint on restitution request.
Written complaint shall be submitted together with the documents that should have the value of
evidence/information about the person whose property was taken away, the good faith of the right
holder and other evidence aimed to identify the opposition in the proceedings, indicators of the value
of the rights, or the lack of relevant qualities of the person whose property was taken away by a
person or group on whose behalf a restitution or formalization request has been submitted.
When a complaint is filed by the Special Administrative Unit for Management and Restitution of
Expropriated Land in accordance with this Section and when there are no objections, the Judge or
Magistrate shall bring a decision based on the evidence presented with the request.
ARTICLE 89. EVIDENCE. Acceptable evidence is all evidence recognized by law. The Judge or
Magistrate shall pay special attention to the documents and evidence submitted with the request,
avoiding duplication of evidence and delay in the process for consideration of the evidence
considered inappropriate and unsuitable. As soon as the Judge or Magistrate clarifies contentious
situations, they shall be able to declare an error/failure without the need to reveal the required
evidence. The value of the property may be proven by the opponent with the commercial assessment
of the property, as elaborated by the Property Stock (Lonja de Propiedad Raiz) on the basis of quality
set by the State Government. If the price is not disputed, the assessment of the competent cadaster
shall be considered as the full property value.
Reliable evidence is evidence presented by the Special Administrative Unit for Land Restitution in the
Registry of misappropriated and forcibly abandoned land to which this Law applies.
ARTICLE 90. PROBATION PERIOD. Probationary period shall last for thirty (30) days within which
the evidence collected in the process shall be examined.
ARTICLE 91. CONTENT OF COURT DECISION. The decision on ownership or use of unused land,
subject of request, shall be definite and shall bring compensation that is feasible, in favor of the
opponents who were proven not guilty in the process. In this regard, the decision shall deed
ownership certificate sufficient.
The decision shall include the following aspects, explicitly and sufficiently motivated, depending on
the case:
a. Any and all of the claims made by the claimant, the exceptions of the opponents and third
parties claims;
b. Identification, individualization, division of property under restitution, indicating their precise

location (place), extension, general and specific characteristics, borders, geographic
coordinates, cadastral and identification from the Registry and registration number (entry
number) of the property.
c. The order issued to the Public Instruments Registration Office to register the court decision, in
the Office in which, due to territorial restrictions, the property is e registered as restituted or
formalized.
d. The order issued to the Public Instruments Registration Office to cancel any previous
registration on fees and limitations of the domain, property, lease, the alleged false tradition
and precaution measures registered prior to the seizure or land abandonment, as well as
cancellation of the corresponding entries into the Registry;
e. The order for the restituted property to remain protected in the framework of Law 387 of 1997,
always and when the entities whose property is being restituted approve what is meant by the
above mentioned order of protection;
f. In the event of relevant ownership certificate, in the context of the term of possession required
for legal regulations, orders are issued to the Public Instruments Registration Office to register
the above mentioned ownership certificate;
g. In case of exploitation of empty land, the Institute for Rural Development (Incoder) shall be
ordered to allocate the land parcels.
h. The necessary orders to restore the rights to the owner whose rights have been satisfied by a
decision in the process of restitution, in accordance with this Law, when they are denied the
right to ownership by the corresponding decision;
i. The necessary orders to segregate or divide into parcels the relevant real estate when
property restitution is part of a larger extension. Judge or Magistrate shall also order that
the properties be involved when property restitution includes smaller extensions;
j. Relevant orders to effectively implement compensation in accordance with this Law and the
tendencies to guarantee the rights of all parties in relation to the improvement in terms of the
goods that are subject to restitution;
k. The necessary orders for the person who received compensation to transfer to the Fund for
Administrative Unity the property that they were deprived of when the restitution was not
possible;
l. Declaring invalid the court decisions which, due to the effects of the verdict lose judicial value,
in accordance with this Law;
m. Declaring invalid administrative acts which recognize individual or collective rights or

change particular or specific judicial process circumstances, which are discussed in the
process, if given credit, in accordance with this Law, including permits, concessions and
authorizations for the use of natural resources on the property for which there was a
permit.
n. An order to terminate the registry of any real right that a third party has on a property
subject to restitution, under any civil, commercial, administrative or tax obligations, in
accordance with the process discussion;
o. Relevant orders that the public authorities conduct and cooperate in the implementation of
the submission of goods for restitution;
p. Orders that are necessary to guarantee the effectiveness of judicial and material restitution
of the immovable property and stability in the execution and enjoyment of the effective
rights of the persons found
q. Orders and enforceable decisions relating to those who are called upon to provide
guarantees in favor of the claimants and/or defendants in good faith of those defeated in
the process;
r. Orders necessary to guarantee that the parties wrongly defeated in the process receive
compensation where appropriate, in accordance with the provisions of this Law;
s. Expenses incurred in the process of restitution referred to in this Law are covered by the
defeated party when their intent, negligence or bad faith is proven;
t. Remission ex officio to the General Prosecutor's Office in the event that the outcome of the
process indicates a possibility of a criminal offense.
Paragraph 1. Once the court decision is made, its implementation shall begin immediately. In
any case, the Judge or Magistrate shall retain jurisdiction to guarantee effective enjoyment of the
rights set out in a process, which continues in the same case through the implementation of
measures defined by the court decision, applying, where appropriate, Article 335 of the Code of
Civil Procedure. The said jurisdiction shall be maintained until the causes of threats to legal
requirements in the process are completely eliminated.
Paragraph 2. The judge or Magistrate shall make a decision within four (4) months from the
submission of the request. Failure to comply with the applicable term in the process shall be a
subject to serious violations.
Paragraph 3. The conduct of an official who neglects or fails to execute the decision or fails to
provide support requested in decision execution to the Judge or Magistrate, shall be considered
grave violation.
Paragraph 4. Ownership certificate shall be submitted on behalf of both spouses or partners,

who at the time of displacement, abandonment or seizure, lived together even if at the time of the
submission of the ownership certificate they are not united by law.
ARTICLE 92. RESOURCES FOR COURT REVISION. An appeal may be filed against the
decision before the Civil Council of the Supreme Courts, in accordance with Article 379 and
relevant articles of the Code of Civil Procedure.
The Supreme Court shall render a provisional verdict within a period of not more than ten (10)
days and a decision within a maximum of two (2) months.
ARTICLE 93. NOTIFICATIONS. The manner in which the measures shall be declared shall be
determined by the Judge or the Magistrate.
ARTICLE 94. ILLICIT ACTS AND PROCEDURES. The counter-claims, exclusion or complicity
intervention, incidents taken for granted which include previous exemptions or concordance are not
acceptable in the process. If such actions or procedures are proposed, the Judge or Magistrate shall
immediately dismiss them by a decision.
ARTICLE 95. PROCEDURAL ACCUMULATION. For the purposes of the restitution process referred
to in this Law, the term procedural accumulation shall imply the exercise of concentration in the
special procedure of all court and legal, administrative or other acts initiated by public or notary
authorities which compromise the rights to the property in case. The subject of the accumulation shall
be claims in which different subjects require neighboring property or property located in the same
neighborhood, and challenge the registry of the property in the Registry of misappropriated and
forcibly abandoned land.
In order for the accumulation to come into effect, from the moment when the officers are informed
about the initiation of the restitution procedure by a magistrate (judge) familiar with the case, they
shall lose competence over the respective processes and proceed to forward them within the
specified time limit.
Procedural accumulation aims to obtain court and material decision with criteria of integrity, legal
security and unification for closure and stability of court decisions. In addition, when it comes to
neighboring or bordering properties, accumulation shall focus on the criteria of the procedural
economy and the provision of collective return in order to re-establish communities in an integral
manner by the restorative justice criteria.
Paragraph 1. In case of procedural accumulation referred to in this Law, the conditions shall be
extended to the time limit established for such processes.
Paragraph 2. In any case, during the course of the procedure, notaries, registrants and other
bodies shall not initiate, ex officio or at the request of any party, any action which, due to their
competence, affects the properties subject to the activities described referred to in this Law,
including concessions and permits for the use of natural resources on the property.
ARTICLE 96. RESTITUTION INFORMATION. In order to facilitate the procedural accumulation, the
Multiple Judicial Council or the equivalent body, the Supreme Supervision of the Notaries and
Registrars, the Geographical Institute Agustn Codazzi or the Decentralized Competent Cadaster, the
Colombian Institute for Rural Development or their equivalent, shall notify Judges or Magistrates, The
Register of Public Instruments Offices, the Notaries, their branch offices and territorial offices, about
their actions or restitution requests.
In order to facilitate communication, information exchange, entry of evidence, compliance with court
orders within the framework of restitution, the above mentioned institutions shall integrate, on the
basis of previously established and standardized protocols, their information systems with the judicial
system.
Apart from communication between institutions and Judges and Magistrates, institutions shall make
the necessary technical and human adjustments to facilitate the internal flow of information.
Paragraph. Until the information system is established, entities shall meet the objectives of this
Article in the most appropriate ways.
ARTICLE 97. COMPENSATION IN CASH AND RESETTLEMENT. The claimant may submit, as
a subsidiary claim, to a Judge or a Magistrate, a request for compensation, financed by the
Special Administrative Unit for Management and Restitution of Expropriated Land, to be allocated
a property similar to the one misappropriated, in cases where material restitution is rendered
impossible for any of the following reasons:
a. If the property is situated in a zone with high risk of floods, landslides or other natural
disasters, in accordance the state authorities assessment of the risk;
b. If the property had been a subject to several successive seizures and was returned to the
second victim from which it was misappropriated;
c. If evidence is submitted during the process, indicating that a court and/or material
restitution could impose a certain risk to life or personal integrity of the person from whom
it was misappropriated or to which it was returned, or to their family;
d. If the property was partially or completely destroyed and it is impossible to reconstruct it

under the conditions similar to those prior to property misappropriation.
ARTICLE 98. COMPENSATION PAYMENT. The amount of compensation determined by the

court decision in favor of the opposing party acquitted in the process shall be paid from the Fund
of the Special Administrative Unit for Management and Restitution of Expropriated Land.
In no case shall the compensation payment or compensation exceed the value of the property
established in the process.
In cases where there is no need to continue the process and when, in accordance with Article 97,
compensation in cash or some other form of compensation ordered by the decision, the Special
Administrative Unit for Management and Restitution of Expropriated Land shall be responsible for
approving and paying the corresponding financial compensation at the expense of the Fund. The
State Government shall regulate this issue.
The monetary compensations shall be paid in cash.
ARTICLE 99. AGREEMENTS FOR THE USE OF A RESTITUTED LAND. In cases of productive
agro-industrial projects on a property that is subject to restitution and with the aim of
comprehensive project development, Magistrate familiar with the process shall be able to approve
in a subsidiary procedure the conclusion of a contract between the restitution user and the
counterpart in the process of developing a productive project on the basis of recognition of the
right of ownership to a person or persons to whom the land has been restored and when the
opposing party has shown good faith in the process.
820 of 2012.
When no good faith is proven, the Magistrate shall submit a productive project to the Special
Administrative Unit for Management and Restitution of Expropriated Land to use it through third
parties and to direct the outcome of the project to collective compensation schemes for victims of
the neighboring properties, including a restitution user.
Magistrate shall pay attention to the protection of rights of the parties and ensure that they receive
appropriate cash prize.
715 of 2012.
ARTICLE 100. SUBMISSION OF RESTITUTED PROPERTY. Submission of restituted property
shall be executed directly to the claimant or to the Special Administrative Unit for Management
and Restitution of Expropriated Land in favor of the person from whom the property has been
misappropriated, within three days from the day of the payment of the compensation ordered by
Judge or Magistrate, or within three days from the day the order enters into force.
NOTE: The underline text is declared UNCONSTITUTIONAL by the Constitutional Court, Court
For the purposes of submission of the property, the Judge or Magistrate shall practice eviction
procedure within a mandatory five (5) day period and for this purpose may assign a Municipal Judge
who will have the same deadline to comply with the instruction. Police authorities shall provide
immediate support for the eviction of the property. This decision shall be a basis for a legal document
and no opposition shall be included.
If there are no residents on the property at the time of the eviction, the property shall be forcefully
entered, in accordance with Articles 113 and 114 of the Civil Procedure Code. In this case, inventory
of goods shall be made and the goods shall be stored in a warehouse.
ARTICLE 101. RESTITUTION PROTECTION. In order to protect the rights of the person whose
property is being restituted and guarantee the social interest of the State, the right to restitution shall
not be transferrable from the living persons to other owners for two years from the submission of the
property, except in cases involving a person whose property was misappropriated and the State. In
addition, once the restitution is approved, any negotiation between the persons to whom the property
was returned and the person from whom it was misappropriated within two (2) years from the date of
the execution of the decision on the restitution or submission, if it occurred later, shall be completely
ineffective, even without a court decision, unless a prior permit is obtained, prompted by and justified
by the Judge or the Court who ordered the restitution.
Paragraph. The permit referred to in the second paragraph of this Article shall not be necessary when
it comes to granting a loan on behalf of the person being restituted and approved by the entities under
the supervision of the Supreme Financial Agency.
ARTICLE 102. RETENTION OF JURISDICTION AFTER THE RULING.

After the decision is rendered, the Judge or Magistrate shall retain the jurisdiction over the
process in order to adopt all measures that, as the case requires, guarantee the use, enjoyment
and disposition of the property by the persons who were deprived of their property, whose land
was misappropriated and then returned or formalized and to guarantee the security of their lives,
their personal integrity and that of their families.
Specialized
SPECIAL ADMINISTRATIVE UNIT FOR LAND RESTITUTION

ARTICLE 103, ESTABLISHING SPECIAL ADMINISTRATIVE UNIT FOR LAND RESTITUTION. The
Special Administrative Unit for Land Restitution shall be established within ten (10) years as a special
entity of temporary character affiliated to the Ministry of Agriculture and Rural Development, with
administrative autonomy as a legal entity and with independent property. It is located in the city of
Bogot and shall have as many units as the State Government approves and as needed.
ARTICLE 104. OBJECTIVES OF THE SPECIAL ADMINISTRATIVE UNIT FOR LAND

RESTITUTION. The main objective of the Special Administrative Unit for Land Restitution is to
serve as an administrative land restitution authority for the persons to whom this Law applies.
ARTICLE 105. FUNCTIONS OF SPECIAL ADMINISTRATIVE UNIT FOR LAND RESTITUTION.

Special Administrative Unit for Land Restitution shall have the following functions:
See Resolution of the Ministry of Agriculture no. 240 of 2011.
1. To design, administer and preserve the Registry of Forcibly Misappropriated and Abandoned Land in
accordance with law and regulations.
2. To register the sized and forcibly abandoned land, as per official duty or at the request and
certification of the entry into Registry.
3. To gather all evidence of misappropriation and forced abandonment of land and property in order to
present them in restitution processes referred to under this Chapter.
4. To conduct physical and legal identification of properties without cadastral data and information
contained in the Registry and order the Public Instrument Registration Office to open a registry
certificate on behalf of the Nation in order to obtain the property registration number.
5. To process restitution of the misappropriated land and formalization of abandoned land by

representing claimants before the judicial restitution authorities, in cases referred to referred to in this
Law.
6. To administer compensation payments on behalf of the State in the amount determined by the
restitution decisions, in favor of third persons proven to be in good faith and acquitted of charges.
7. To administer compensation payments to claimants whose land was misappropriated and to
displaced persons in cases where restitution is not possible, in accordance with the regulations
adopted by the National Government.
8. To design and execute relief programs related to restituted and formalized property.
9. To establish and manage subsidies in favor of persons whose land is being restituted or persons
whose property is being formalized in accordance with this Chapter in order to terminate territorial and
state tax payments relating to restituted property and the exemption from loans related to restituted or
formalized property.
9. Other related functions with its goals and functions to which the Law applies.
Paragraph 1. The General State Prosecutor's Office and the military and police authorities shall
provide the support and cooperation requested by the Director of the Special Administrative Unit for
Land Restitution to develop the functions defined under items 2 and 3 of this Article.
Paragraph 2. Until the Special Administrative Unit for Land Restitution starts functioning, the
functions of this body shall be executed by the Ministry of Agriculture and Rural Development.
ARTICLE 106. MANAGEMENT AND REPRESENTATION. The Special Administrative Unit for Land
Restitution shall be managed by the Governing Board and the Executive Director of the Unit, who
shall be its legal representative.
ARTICLE 107. THE GOVERNING BOARD OF THE SPECIAL ADMINISTRATIVE UNIT FOR
LAND RESTITUTION. The Governing Board of the Special Administrative Unit for Land
Restitution shall be composed of the following bodies:
Minister of Agriculture and Rural Development or a delegate, who shall preside the Board.
Minister of Interior and Justice or a delegate.
Minister of Finance or a delegate.
Minister of Environmental Protection, Home and Territorial Development or a delegate.
Minister of State Defense or a delegate.
Director of the State Planning Department or a delegate.

General Director of the Special Administrative Unit for Victims Support and Reparation.
Director of the Colombian Institute for Rural Development (Incoder).
President of the Agrarian Bank.
President of the Fund for Agricultural Financing (Finagro).
Ombudsman or a delegate
Two representatives of the State Table for Victim Participation in accordance with Title VIII.
Executive Director of the Special Administrative Unit for Land Restitution shall take part by
voting in the sessions of the Board.
ARTICLE 108. EXECUTIVE DIRECTOR OF THE UNIT. The Executive Director of the Unit shall
be its legal representative, an official appointed and dismissed by the President of the Republic.
ARTICLE 109. INTERNAL STRUCTURE. Within six (6) months of the entry into force of this Law, the
Government shall set up the internal structure and the mixed structure of the Unit's staff, taking into
account the knowledge and experience of the candidates on the issues related to this chapter, and
thus maintain inter-institutional coordination and fulfill the proposed objectives relating to land
restitution.
ARTICLE 110 LEGAL ADMINISTRATION OF THE SPECIAL ADMINISTRATIVE UNIT FOR

LAND RESTITUTION. The legal administration of the Special Administrative Unit for Land
Restitution shall be governed by this Law, and the parts that are not to be considered under the
Law, shall have the status of state-run public institutions.
ARTICLE 111. ON THE FUND OF THE SPECIAL ADMINISTRATIVE UNIT FOR THE LAND
RESTITUTION. A Fund of Special Administrative Unit for Land Restitution shall be established as a
fund without legal property assigned to the Special Administrative Unit for Land Restitution. The
primary goal of the Fund shall be to serve as a financial instrument for the land restitution and
compensation payments.
ARTICLE 112. FUND MANAGEMENT. The Fund resources shall be managed through commercial
trust management by engaging one or more trust companies whose founder and end user shall be
the Special Administrative Unit for Land Restitution. The management of resources in the Fund shall
be subject to regulations of the Fund's management. The government shall govern this issue.
ARTICLE 113. FUND RESOURCES. The Fund shall include the following resources:
1. Funds from the General State Budget.
2. Public and private donations for the development of the objectives of the Special
Administrative Unit for Land Restitution.
3. Revenues of different origin in international cooperation intended to achieve the objectives of
the Special Administrative Unit for Land Restitution.
4. Goods and resources transferred by the Ministry of Agriculture and Rural Development and
other entities, in accordance with the final provisions.
5. Other property and other assets acquired by virtue of any Fund's assets and amounts
received in the event of the sale of such assets.
6. Revenue and expenditure incurred as a product of asset management and management of
assets of the Fund.
7. Other assets and assets that are acquired or transferred under any other ground.
8. Rural property that has been the subject of seizure, currently under the management of the
State Department for Narcotic Drugs, as well as the properties which shall acquire ownership
in the future in the amount and percentage determined by the State Government.
9. Rural properties that have been transferred to the Fund by persons who have been deprived
of their properties.
Paragraph. S.A. - CISA, the Central Investment Agency shall hand over to the Special Administrative
Unit for Land Restitution the goods that it requires. Likewise SAE and DNE shall hand over the
property to the Unit for the development of its goals and the fulfillment of its functions with the lowest
possible value, ensuring that the value does not exceed the cost of acquisition of such goods.
REGULATIONS FOR WOMEN IN RESTITUTION PROCESSES

ARTICLE 114. PRIORITIZATION OF WOMEN IN ADMINISTRATIVE AND JUDICIAL
PROCEDURES OF LAND RESTITUTION. Women victims of displacement or forced abandonment
shall enjoy special protection from the State in the administrative and judicial procedures referred to in
this Law. To this end, the Special Administrative Unit for Land Restitution shall have at its disposal a
special program to ensure women's access to restitution procedures for preferential assistance, with
staff specialized in gender issues, which, as a measure, shall encourage women organizations or
networks of women's to access processes of compensation for damages, as well as the areas of
concern for boys, girls, adolescents and disabled persons who make up the women's family.
Processing the requests of women heads of a family whose property has been misappropriated shall
have priority over other requests before the Special Administrative Unit for Land Restitution.
ARTICLE 115 PREFERENTIAL ATTENTION IN RESTORATION PROCESSES.

Restitution requests initiated by the Special Administrative Unit for Land Restitution in favor of mothers,
heads of families and of the women whose property was misappropriated, as well as the requests
submitted to the Judge or the Magistrate by the women claiming the restitution of the land in
accordance with the mandates of this Law shall have priority, which shall delay the resolution of other
requests.
ARTICLE 116. SUBMISSION OF PROPERTY. When a decision is reached which orders the property
to be returned to a woman who has been deprived of it, the Special Administrative Unit for Land
Restitution and the police or military authorities shall provide special co-operation and provide timely
return of the property and strive to maintain the security conditions that enable the use and enjoyment
of property, with the consent of the women victims and when a common decision on the adoption and
enforcement of these measures is guaranteed.
ARTICLE 117. PRIORITY FOR THE APPLICATION OF THE BENEFITS REFERRED TO IN LAW
731 OF 2002. Women whose properties are being restituted or formalized in accordance with this
Law shall have priority in the application of benefits referred to in Law 731 of 2002, with respect to
loans, land adjudication, warranties, social security, education, training, recreation, family
subsidies and reforestation plans and programs.
ARTICLE 118. PURCHASE I RESTITUTION OF RIGHTS. In line with the provision of this Chapter, in
all cases in which the claimant and his spouse or partner have been victims of forced abandonment of
their land or dispossession of the real estate that is being claimed, the Judge or Magistrate shall order
the restitution and/or compensation to both of them, when the decision approves property
management, shall also order the Public Instrument Registry Office to register the property on both
names, even when the spouse or the partner did not present him or herself to the Court.
OTHER PROVISIONS
ARTICLE 119. ESTABLISHMENT OF THE POSITIONS. High Judicial Council shall establish
positions of Supreme Court Magistrates and the Civil Rights Judges in charge of Districts, specializing
in land restitution, in accordance with the provision 5 of Article 85 of the Law 270 of 1996 and relevant
regulations. High Judicial Council shall establish positions for other officials necessary for the
execution of this Law.
Establishing the positions to which this Article refers shall be conducted gradually and progressively,
according to the needs of the service.
Paragraph 1. The State Government shall establish within the Supreme Supervision of Notary and
Registry, Delegated Supreme Supervision for Protection, Restitution and Formalization of Land, as a
transitory body, with positions of regional coordinators for the land and other technical and operational
staff necessary for the execution of court and administrative provisions related to the registration
procedures referred to in this Law.
Paragraph 2. The State Attorney's Office and the State Prosecution Office shall allocate a sufficient
and appropriate number of staff that the State Government shall define in accordance with the special
features defined under item 2 of Article 10 of Law 1424 of 2010 in order to fulfill its constitutional and
legal obligations, primarily to serve and to participate in the processes of land restitution before the
Supreme Courts of the Legal District.
ARTICLE 120. PRISON SENTENCE. A person registered in the Registry of misappropriated land by
modifying or intentionally forging conditions required to enter the Registry or withholding the
information that would prevent registration, shall be punished by imprisonment for a term of eight (8) to
twelve (12) years. Accordingly, a civil servant who, aware of false representation or forgery, facilitates
or allows registration of the misappropriated land, shall be sentenced to the same punishment and
shall be deprived of the right to execute the rights and functions of the public administration for ten (10)
to twenty (20) years.
The same punishment shall be imposed on the person who seeks restitution before the Court in
accordance with the provisions of this Law, without the status of the person deprived of land, by the
virtue of presenting false evidence or false documents, as well as on those who present evidence that
does not correspond to the facts.
Persons who access the process and acknowledge the forgery of the ownership certificates or the
seizure of the land and the rights that are required in the process shall be the ultimate users of the
opportunity provided for in the Code of Criminal Procedure. NOTE: The underlined text is declared
CONSTITUTIONAL by the Constitutional Court, Court Decision C-715 of 2012.
ARTICLE 121. REPARATIVE MECHANISMS RELATING TO LIABILITY MANAGEMENT (DEBT).

With regard to the liabilities of the victims, which occurred during the period of seizure of land or
displacement, the authorities shall take the following measures with reparative effect into account:
1. Systems facilitating and/or exempting loans from property tax or other taxes, fees and contributions
at the municipal and district level in relation to restituted or formalized property. To this end, the
territorial entities shall establish mechanisms for facilitating and/or exemption from such liabilities in
favor of the victim whose land has been misappropriated or forcibly abandoned.
2. Unpaid claims on public services and the existing financial debt of the financial sector at the time of
restitution or formalized property should be the subject of write-off/recovery programs that may be
financed by the National Plan for Assistance and Comprehensive Compensation for Victims.
ARTICLE 122. SPECIAL NORMS. The provisions contained in this Chapter regulate in general terms
land restitution in the context of this Law and shall serve to complement and interpret the special
norms relating to this issue. In the event of conflict with other provisions of the Law, the provisions
defined in this Chapter, whenever in favor of the victim, shall be applied.
CHAPTER IV
Restitution of residential property
ARTICLE 123. MEASURES OF RESTITUTION OF RESIDENTIAL PROPERTY. Victims whose

homes have been affected by dispossession, abandonment, loss or disruption shall have priority and
preferential access to housing subsidy programs intended for improvement, construction and home
purchase, established by the State, without fear that the perpetrator shall be punished to participate in
construction, reconstruction or indemnity.
Victims shall access Family Home Subsidies in accordance with the applicable norms governing this
issue and the special mechanisms provided for in Law 418 of 1997, and norms that extend, amend or
complement this Law.
The Ministry of the Environment, Home and Territorial Development or a relevant entity or the Ministry
of Agriculture and Rural Development or a relevant entity shall, as appropriate, perform the functions
conferred upon them by the statutory regulations governing the family housing subsidy covered by
this chapter, having in mind constitutional obligation to protect vulnerable persons, which is why
priority shall be given to the requests submitted by the victims' households under the provisions of this
Law.
The State Government shall facilitate the creation of housing offers in order to ensure that the
subsidies granted, in accordance with this Article, are effectively applied in resolving housing issues.
Paragraph 1. Population of victims of forced displacement shall have access to programs and
projects set up by the Government, giving priority to the population of women heads of displaced
families, elderly displaced persons and the population of disabled displaced persons.
Paragraph 2. Priority access to family housing subsidy programs shall be provided to those
households that decide to return to the affected property with prior verification of the security
conditions to be performed by the competent authority.
NOTE: The Article is declared CONSTITUTIONAL by the Constitutional Court, Court Decision
C-912 of 2013.
ARTICLE 124. APPLYING FOR A HOUSING SUBSIDY. Applicants for housing subsidy under the
terms and conditions set out in this Chapter shall be able to use any of the available plans provided
by the Housing State Fund or the appropriate entity or Agrarian Bank or other appropriate entity,
depending on the case.
C-912 of 2013.
ARTICLE 125. MAXIMUM AMOUNTS. The maximum amount of housing subsidies covered by this
Chapter shall be the one that is granted at the time of request submission to the final beneficiaries of
social housing.
C-280 of 2013.
C-912 of 2013.
ARTICLE 126. ENTITY IN CHARGE OF PROCESSING THE APPLICATION. Applications for family
housing subsidy referred to in this Chapter shall be submitted to the Ministry of the Environment,
Home and Territorial Development in cases of applying for urban housing and to the Ministry of
Agriculture and Rural Development in cases of applying for rural housing, with funds allocated by the
State Government for Social housing subsidy in both cases.
ARTICLE 127. APPLICABLE NORMATIVE. The family housing subsidy referred to in this chapter,
established in accordance with the regulations in force in this matter, shall apply unless contradictory
to the above mentioned.
C-912 of 2013.
CHAPTER V
Loan and liability
ARTICLE 128. LOAN MEASURES. With regard to loan assistance to victims referred to in this Law,
the access to benefits defined in paragraph 4 of Articles 16, 32, 33 and 38 of Law 418 of 1997, within
the framework of the established regulations.
Loans granted by credit companies to victims referred to in this Law, which are In Mora due to the
victimizing acts or are subject to refinancing, restructuring or consolidation, remain qualified in the
category of special risk in accordance with the regulations issued by the Supreme Financial
Supervisory Authority. The financial operations described in this Article shall not be considered as
restructuring.
Paragraph. It is assumed that loans that are in mora or are subject to refinancing, restructuring or
consolidation, in the period after the damage was committed, are the result of a violation of the right
referred to in Article 3 of this Law.
ARTICLE 129. DISCOUNT RATE. Finagro, Bancoldex or other entities acting on their behalf shall
establish discount lines under preferential terms intended to finance loans granted by credit
companies to the victims covered by this Law for the purpose of financing activities for recuperation of
productivity. In this respect, provisions of the Law 418 of 1997, which was amended by the Laws 548
of 1999, 782 of 2002, 1106 of 2006 and 1421 of 2010 shall be taken into consideration.
Paragraph. The loan discount entities referred to in this Article must ensure that loan companies
make a proportional transfer of funds to the discount rate to the end users of the said loans.
Within six (6) months of the adoption of this Law, the State Government, through the Ministry of Social
Protection and the State Education Service (SENA), shall create special programs and projects for job
creation in rural and urban areas with the aim of supporting self-sustainability of victims, which shall
be implicated through the National Plan for Assistance and Comprehensive Compensation to Victims.
C-912 of 2013.
ARTICLE 131. PREFERENTIAL RIGHT OF ACCESS TO ADMINISTRATIVE CAREERS. The status
of the victim shall be the criterion applied in favor of the victims in job vacancies for general and
special posts for access to public service.
CHAPTER VI
Training, employment and administrative career
ARTICLE 130. TRAINING AND PLANNING FOR URBAN AND RURAL EMPLOYMENT. The State
Education Service, SENA, shall give young and adult victims priority and primacy to access its
training programs and technical training.
Paragraph. The right contained in this Article shall have the advantage over the benefits provided for
in Article 3 of Article 2 of Law 403 of 1997.
C-912 of 2013.
CHAPTER VII
Administrative compensation
ARTICLE 132. REGULATIONS. See Resolution UARIV 64 of 2012, partially regulated by State
Decree 1377 of 2014. The Government shall regulate within six (6) months of proclaiming this Law,
the process, procedure, mechanisms, amounts and other guidelines for granting individual
compensation to victims by administrative means. This arrangement should determine, by
establishing criteria, goals and charts, with the ranges of amounts to be rendered to the victims as
administrative compensation depending on the act of victimization, as well as the necessary
procedures and guidelines for guaranteeing indemnity that can help the victim and their family
nucleus to overcome the existing difficulties. In the same way, it is necessary to determine the way in
which the approved compensation shall be articulated to the victims of before drafting this Law.
Item revoked by Article 132, Law 1753 of 2015. The victim may accept, explicitly and voluntarily, the
delivery and receipt of administrative compensation in the form of a transaction contract in which
the victim accepts and states that the payment made contains all the amounts that are to be
recognized under the concept of victimization, with the aim of protecting future court cases or
lawsuits. Notwithstanding any other damage compensation measures established in this Law, the
immaterial rights of victims and the fact that the perpetrator is not acquitted from his obligation to
compensate the victim for damages under the provisions of a judicial proceeding of any nature.
Item revoked by Article 132, Law 1753 of 2015. The event in which the victim agrees tha the
delivery and receipt of the administrative compensation is done under a transaction contract, the
amount of the compensation shall exceed the value that the victim would be granted, under the
same concept, in accordance with the provisions issued by the State Government for this purpose.
Officials or counselors should tell the victims, in a clear and simple manner, with explanation,
implications and differences in accepting or denying the compensation that has been agreed on
under the transaction agreement.
Paragraph 1. This Article shall offer effects for the administrative compensation that shall be
delivered from the date this Law is passed, even when the application was filed earlier. Likewise,
victims who receive administrative compensation from the State at the time of the adoption of this
Law shall have a period of one (1) day from the day of the adoption of this Law to make a written
statement to the Presidency Agency for Social Activities and International Cooperation or to the
Special Administrative Unit for Assistance and Compensation to Victims if it is already
operational, if they expressly and voluntarily intend to submit their administrative indemnity within
the framework of a transaction contract in accordance with this Article. In this case, the
Presidency Agency for Social Activities and International Cooperation and the Special
Administrative Unit for Care and Compensation of Damage to Victims, as appropriate, shall have
to re-examine the amount of indemnity granted to the victim and inform the victim of the process
to be undertaken, in accordance with the provisions that the State Government determines for
this purpose, in order to submit additional amounts that may be required.
NOTE: The underlined text is revoked by Article 132 of Law 1753 of 2015.
Paragraph 2. The Executive Council referred to in Articles 164 and 165 of this Law shall be
responsible for the audit of the decisions awarding administrative compensation, on the basis of a
properly substantiated request of the Minister of Defense, the Chief Prosecutor or the
Ombudsman. The audit request shall be dealt with within the framework provided by the
Government.
In this respect, the Executive Council shall perform auditing of approved administrative
indemnities and establish the criteria and guidelines to be followed by other administrative
authorities when deciding on a claim for indemnity. The decision adopted by the Executive Council
shall be definitive and as long as it performs the audit function, the victim shall not be denied
access to the measures of assistance, care and compensation for the damage treated by this
Law.
Paragraph 3. The administrative compensation for the displaced population i shall be delivered
to household, in cash and through one of the following mechanisms, in the amount determined
by the Government:
I. Comprehensive subsidy for the land;
II. Exchange of property;
III. Purchase and distribution of land;
IV. Distribution and ownership of empty parcels for displaced populations;
V. Subsidies for socially rural housing, in modalities of improving living conditions, construction and
basic sanitation;
VI. Subsidy for social urban housing in modalities of purchase, improving of state or construction of
a new facility.
Decision C-462 of 2013, in the sense that such mechanisms are added to the administrative
compensation that shall be paid in cash.
The amount added to the amount granted to displaced population established in other regulations
for the mechanisms mentioned in this paragraph shall be deemed to have been delivered in the form
of administrative indemnity.
NOTE: The text in italics is declared UNCONSTITUTIONAL by the Constitutional Court, Court
Paragraph 4. The amount of 40 minimum salaries guaranteed by the law in the year in which the
offense occurred, granted by Article 15 of Law 418 of 1997 by the Presidency Agency for Social
Activities and International Development with a view to victimizing acts that cause death or forcible
disappearance, or the amount of the maximum of 40 minimum salaries guaranteed by the law,
granted to a person subjected to violence and permanent incapacity, constitute administrative
compensation.
ARTICLE 133. COURT COMPENSATION, ADMINISTRATIVE RESTITUTION AND

COMPENSATION. In cases where the victim does not accept, explicitly and voluntarily, that the
delivery and receipt of administrative indemnity is implemented within the framework of the
transaction contract referred to in the previous Article and the State is sentenced to compensation
for damages, the sum of money that the victim has received from any entity in the State which paid
the compensation for damage (reparation) shall be deducted from the said decision. In the same
way, the cash value of the restituted property shall be deducted from the court decision, in
accordance with the cash estimates conducted.
NOTE: The underlined text is revoked by Article 131 of Law 1753 of 2015.
ARTICLE 134. The State Government shall, through the Administrative Unit for Assistance and
Compensation for Compensation to Victims, implement a follow-up program to promote the
appropriate investment of funds received by the victim on behalf of the administrative indemnity with
a view to reconstructing the life project, primarily oriented to:
1. Technical or professional training for victims or their children.

2. Creating or strengthening productive firms and assets
3. Provision or improvement of new or used housing units
4. Acquisition of rural real estate.
CHAPTER VIII
Rehabilitation measures
ARTICLE 135. REHABILITATION. Rehabilitation as a compensation measure consists of the

set of strategies, plans, programs and activities of judicial, medical, psychological, and social
nature, aimed at reestablishing the victims physical or psychosocial conditions, within the
framework of this Law.
ARTICLE 136. The State Government shall, within six (6) months from the date of the adoption of this
Law, implement a rehabilitation program which shall contain both individual and collective measures
enabling the victims to succeed in the family, cultural, working and social environment and to exercise
their rights and basic freedoms in an individual and collective manner.
Psychosocial monitoring shall be transversal to the compensation (reparation) process and shall be
extended in accordance with the needs of the victims, their families and communities, bearing in mind
the perspective of gender and cultural, religious and ethnic specificity. Family members should be
equally included in the process, and if possible, positive discrimination activities in favor of women,
boys, girls, elderly and disabled persons should be promoted due to their vulnerability and the risks to
which they are exposed.
ARTICLE 137. PSYCHOSOCIAL ASSISTANCE AND COMPREHENSIVE HEALTH CARE
PROGRAM FOR VICTIMS. The State Government shall, within the period of six (6) months from the
adoption of this Law, through the Ministry of Social Protection, establish a Psychosocial Assistance
and Comprehensive Health Care Program, which shall be implemented through the National Plan of
Assistance and Comprehensive Repatriation to Victims, starting from those areas with the highest
prevalence of victims.
The program should contain the following:
1. Proactivity. Care services should promote victim detection and outreach.
2. Individual, family and community care. Quality care must be guaranteed by professional and
technically qualified staff with professional experience, especially when it comes to care provided
to victims of sexual violence, which must include psychosocial care for women victims. These
services should also include individual and family therapy and community activities in the care
protocols that need to be devised and implemented at the local level, depending on the type of
violence and the cultural background of the victims.
3. Free-of-charge services. Victims shall be guaranteed free-of-charge access to the services of

the Psychosocial Assistance and Comprehensive Health Care Program, including access to
medicines in cases where it is required and financing of transportation expenses when needed.
4. Preferential care. Priority is given to those services that are not included in the program.
5. Duration. Care shall depend on the special needs of victims and affected persons, and shall be
delivered in the relevant form by a professional team.
6. Entry into program. A mechanism for entry and identification shall be developed that shall define
the status of the end user of the Psychosocial Assistance and Comprehensive Health Care
Program and that shall allow access to care services.
7. Interdisciplinarity. Mechanisms shall be established to provide services that shall be delivered

by psychologists and psychiatrists with the support of social workers, doctors, nurses, community
promoters, among others, in accordance with local needs, guaranteeing the integrity of activities
for the adequate fulfillment of their goals.
Paragraph 1. Costs arising from the care provided by Psychosocial Assistance and Comprehensive
Health Care Program shall be recognized and covered by the Ministry of Social Protection, the Fund
for Solidarity and Guarantee of the General Social Health System (Fosyga) and Catastrophic Events
and Traffic Accidents subaccount, unless they are covered by the insurance of another insurance
company.
Paragraph 2. Added to Article 120, Law 1753 of 2015.
ARTICLE 138. ON STRUCTURES, FUNCTIONS AND OPERATIONS OF PSYCHOSOCIAL

ASSISTANCE AND COMPREHENSIVE HEALTH CARE PROGRAM FOR VICTIMS. In accordance
with the Article above, the State Government shall design the structure, functions and manner in
which the Psychosocial Assistance and Comprehensive Health Care Program for Victims shall
operate.
In addition it is necessary to establish communication with territorial entities in accordance with

Articles 172 and 173 of this Law, for the implementation of the Program at the territorial level, primarily
for the development of a Unified model of comprehensive care of victims.
CHAPTER IX
Satisfaction measures
ARTICLE 139. SATISFACTION MEASURES. The State Government shall, through the National Plan
of Assistance and Comprehensive Repatriation to Victims, carry out actions aimed at restoring the
dignity of victims and spreading the truth about what has happened, in line with the goals of the
entities that make up the State System for Care and Compensation of Victims.
Satisfaction measures shall include activities that shall operate in the same proportion for the benefit
of and contribute to alleviating the pain of the victim.
Satisfaction measures should be interpreted as purely informative, which implies that other measures
may be added, including:
a. Public acknowledgment of the status of victim, their dignity, name and pride, in front of
community and the perpetrator;
b. Publish a statement in connection with the preceding guidelines;
c. Conduct commemoration acts;
d. Public acknowledgments;
e. Public act of paying respects;
f. Construction of public monuments in the perspective of compensation for damage and

reconciliation;
g. Assistance in the renewal of movement and social fabric of rural communities, especially the
women community.
h. Public and complete diffusion of victims' stories about the act of violence, whenever it does not
cause other necessary harm or creates a safety hazard;
i. Contribution to the search for the missing persons and cooperation in subsequent identification
of remains and exhumations, in line with the family and community tradition, through
responsible entities;
j. Diffusion of the apology and accepting responsibility by the perpetrator;
k. Investigation, trial and sanctioning of human rights violations;
l. Public recognition of the responsibility of the perpetrators of human rights violations.
Paragraph. The adoption of any of the measures mentioned above and those contained in other
satisfaction measures that are not covered by this Law, must include participation of victims in
accordance with the mechanisms for participation defined in the Constitution and law and the principle
of differential access established In Article 13.
ARTICLE 140. THE EXEMPTION OF THE OBLIGATORY MILITARY SERVICE. Only in the case of
an outbreak of international war, victims referred to referred to in this Law who are obliged to serve
military service shall be exempt from it, regardless of their responsibility to register and initiate
appropriate procedures for solving military duty issues within five (5) years from the date of the entry
into force of this Law or the occurrence of victimization, and shall be exempted from any payment of
military duty fees.
ARTICLE 141. SYMBOLIC REPARATION. The term symbolic reparation refers to services
implemented in favor of victims or the community, which ensure the preservation of historical
memories, non-repetition of victimization, public acceptance of acts of violence, request for public
forgiveness and restoration of victims' dignity.
ARTICLE 142. NATIONAL DAY OF REMEMBRANCE AND SOLIDARITY WITH THE VICTIMS.
Each year, 9th April shall be observed as the Day of Remembrance and Solidarity with Victims. The
event shall be observed by the State of Colombia by organizing events of remembrance and
recognition of the acts that victimized the Colombians.
The Congress of the Republic shall hold a special session on that day to hear the victims on a day-
long session.
ARTICLE 143. ON STATES RESPONSIBILITY REGARDING REMEMBRANCE. The States

responsibility relating to Remembrance Day is to guarantee necessary conditions so that the society
could, through its various means such as the victims, academy, places of remembrance, social
organizations, victims' organizations and human rights organizations, as well as state bodies with
competence, autonomy and resources, make progress in carrying out the reconstruction of memory
as a contribution to the right to truth granted to the victims and the society as a whole.
Paragraph. In no case shall the State institutions intensify or promote exercises aimed at the
construction of history or official truth that denies, offends or restricts the constitutional principles of
plurality, participation, solidarity and the right to freedom of opinion and speech. The censorship ban
contained in the Political Map (the Constitution) shall also be respected.
ARTICLE 144. ABOUT THE ARCHIVE ON HUMAN RIGHTS VIOLATIONS AND THE
INTERNATIONAL HUMANITARIAN RIGHT VIOLATION WITHIN THE FRAMEWORK OF THE
INTERNAL ARMED CONFLICT. Within six (6) months of the adoption of this Law, the National
Center for Historical Memory shall create, establish and implement the Human Rights and Historical
Memory Program, with a basic function to collect, preserve and manage material collected or
voluntarily submitted by legal and natural persons, as well as those containing state responses
relating to such violations.
See paragraph 2, Article 5, State Decree 4803 of 2011.
Judicial archives shall be under the jurisdiction of the Judiciary, which shall decide, if it deems it
necessary and appropriate for the purpose of strengthening the historical memory within the
framework of this Law, whether the management of the archives shall be handed over to the General
State Archives or the archives of the territorial authorities.
Paragraph 1. In no case shall experiences, projects, programs, or any other initiative initiated
relating to reconstruction of historical memory by entities or public and private bodies be prevented or
denied. In developing the principles of autonomy and decentralization, territorial authorities can start
initiatives on this issue and create places dedicated to this subject matter.
Paragraph 2. The State Attorney's Office should guarantee that administrative archives shall not be
destroyed, altered, falsified, taken away or modified in any official institutions at regional and state
level. The above does not call into question the application of relevant punishable norms and
documents of confidential nature.
Paragraph 3. For the purposes of this Article, the provisions of Law 594 of 2000, and Chapter X on
Archives Conservation Law 975 of 2005 shall not be taken into account.
Paragraph 4. Non-confidential documents in private and public archives, in which a violation of the
right under Article 3 of this Law is detected, shall be part of the bibliographic documentary right.
Paragraph 5. The cost of obtaining the requested copies shall be covered by the claimant.
ARTICLE 145. ACTIVITIES RELATING TO HISTORICAL MEMORY. The activities of historical

memory, whether developed through private initiatives or by the National Center for Historical
Memory, include the following:
1. Create an archive with original or credible copies of documents about all acts of victimization
referred to in this Law as well as documentation of similar processes in other countries which
are kept in places such as museums, libraries or entity state archives.
2. Collect oral testimonies of victims and their families referred to in this Law through human
rights organizations and forward them to the archive referred to above; these documents may
include public hearing testimonies in accordance with the Law 975 of 2005, always and when
there is no legal impediment to making this information public and when it does not constitute
re-victimization.
3. Make the documents and testimonies referred to in items 1 and 2 of this Article available to
interested persons, when documents and testimonies do not contain confidential information
or are not subject to confidentiality.
4. Use programs and existing entities to encourage historical investigation of the armed conflict
in Colombia and contribute to the diffusion of the results obtained.
5. Promote participatory and formative activities on issues related to internal armed conflict with
a differential approach.
6. Organize exhibitions, shows and events of raising awareness of the value of human rights.
7. With the aim of guaranteeing quality and appropriate education for the nation as a whole,
especially for vulnerable populations and populations affected by violence, the State Ministry
of Education shall encourage, through differential, territorial and restitution-relate access to
rights, the development of programs and projects which promote restitution and full exercise of
rights, the development of civic and scientific-social competencies of boys, girls and
adolescents in the country who are committed to reconciliation and guarantee the non-
repetition of acts that attack their integrity or violate their rights.
Paragraph. In relation to implementation of these activities, the State shall guarantee the participation
of organizations of victims and other organizations and promote and recognize civil society initiatives
which initiate historical memory activities with a differential approach. Further activities of the historical
memory referred to in this Article shall particularly emphasize modalities of violence against women
within the scope of the violence referred to in Article 3 of this Law.
Paragraph 2. Added by Article 29 of Law 1719 of 2014.
ARTICLE 146. THE NATIONAL CENTER FOR HISTORICAL MEMORY. The National Center for
Historical Memory shall be established as a state-owned public institution, assigned to the
Administrative Department of the Republican Presidency as a legal entity with its own legacy and
administrative and financial autonomy. The National Center for Historical Memory shall have its
headquarters in Bogota, D.C.
See State Decree 4803 of 2011.
ARTICLE 147. SCOPE, STRUCTURE AND FUNCTIONING. The National Center for Historical
Memory shall aim to collect and recover documents, oral testimonies and relevant facts about the
violation of the rights referred to in Article 3 of this Law. The information collected shall be available to
interested persons, investigators and citizens through museum, pedagogic and other necessary
activities of proportioning and enriching the knowledge of the political and social history of Colombia.
Investigators and officials of the National Center for Historical Memory shall not be interrogated as
civilians or prosecuted for affirmations presented in their reports.
The State Government shall determine the structure, functioning and scope of the National Center for
Historical Memory.
ARTICLE 148. THE ACTIVITY OF THE NATIONAL CENTER FOR HISTORICAL MEMORY. The
activity of the National Center for Historical Memory, without prejudice to the activities defined by the
Decrees that establishes its structure and function, includes: design, establishment and management
of the Museum of Memory, with the purpose of strengthening collective memory of acts of violence
from the recent past of Colombia.
Management of the Human Rights and Historical Memory Program referred to in Article 144 of this
Law.
Development and implementation of activities related to the historical memory mentioned in Article
145 of this Law.
Item 3 added by Article 1, State Decree 2244 of 2011. Item 4 added by Article 1, State Decree 2244 of
2011. Item 4 added by Article 1, State Decree 2244 of 2011.
See Article 5, State Decree 4803 of 2011.
CHAPTER X
Guarantees of non-repetition
ARTICLE 149. GUARANTEES OF NON-REPETITION. The State of Colombia shall adopt, inter alia,
the following guarantees of non - repetition:
a) Demobilization and dissolution of illegal armed groups;
b) Verification of the facts and full and public disclosure of the truth, to the extent it does not
cause any additional unnecessary damage to the victim, witnesses and other persons and
unless it poses danger to the person involved;
c) Application of sanctions against those responsible for violating the rights referred to under
the Article 3 of this Law.
d) Prevention of violations referred to in Article 3 of this Law shall be facilitated through special
preventive measures provided to the most vulnerable groups such as women, children and
adolescents, older adults, community leaders, members of trade unions, human rights
defenders (ombudsmen) and victims of forced displacement, and shall be committed to
overcome stereotypes that foster discrimination, particularly against women, and violence
against women in the context of armed conflict;
e) Creation of social pedagogy that promotes the constitutional values that represent the
foundations of reconciliation in relation to the events in the historical truth;
f) Strengthening technical criteria for humanitarian demining, which shall be the priority in
comprehensive care relating to anti-personnel mines;
g) Design and implementation of a general communications strategy on Human Rights and

International Humanitarian Law, which should include a differential approach;
h) Design a single strategy for training and education on Human Rights and International
Humanitarian Law, including a differential approach, intended to civil servants in charge of
executing the law and members of the Public forces. The strategy shall include a zero
tolerance policy to sexual violence in state entities;
i) Strengthening effective participation of vulnerable populations in their communities, social and

political life, with an aim to contribute to the exercise and enjoyment of cultural rights;
j) Dissemination of information on the rights of victims abroad;
k) Strengthening Early Warning System;
l) Reintegration of children and adolescents who have participated in illegal armed groups;
m) Design and implementation of strategies, projects and policies of reconciliation in accordance
with the provisions of Law 975, both socially and individually;
n) Exercise of effective control by civilian authorities over Public Forces (sic);
o) Declare invalidity and/or termination of contracts of public officials convicted of violation of
rights referred to in Article 3 of this Law;
p) Promote of mechanisms for preventing and resolving social conflicts;
q) Design and implementation of teaching strategies in legal empowerment for victims;
r) Abolishment of norms or any other administrative norms that allowed or allows the occurrence
of the violations referred to in Article 3 of this Law, in accordance with the respective
administrative proceedings.
s) Development of national campaigns to prevent and condemn violence against women,
children and adolescents, occurring in the context of the violations referred to in Article 3 of
this Law.
Paragraph. The State Government shall regulate through the National Plan of Assistance and
Comprehensive Repatriation to Victims appropriate guarantees of non-repetition by strengthening
various plans and programs that conform to the public policy on prevention and protection against
violations from Article 3 of this Law.
ARTICLE 150. DISSOLUTION OF ECONOMIC AND POLITICAL STRUCTURES. The State of
Colombia shall adopt measures aimed at dissolution of the economic and political structures that have
benefited from and provided economic support to the illegal armed groups, with the aim of ensuring
the implementation of the guarantees of non-repetition referred to in the previous Article.
CHAPTER. XI
Other reparation measures
ARTICLE 151. COLLECTIVE REPARATION. Within six (6) months of the adoption of this Law,
taking into account the recommendations of the State Commission for Rehabilitation and
Reconciliation, the Special Administrative Unit for Victims Support and Reparation shall implement
through the National Plan of Assistance and Comprehensive Repatriation to Victims, a Collective
Reparation Program that shall consider any of the following events:
a) Damage caused by the violation of collective rights;
b) Grave violation of individual rights of members of the collective;
c) Collective impact of violations of individual rights;
ARTICLE 152. CASES SUBJECT TO COLLECTIVE REPARATION. For the purposes of this Law,
the cases subject to collective reparation regulated by the Article above, shall include:
1. Social and political groups and organizations;
2. Certain communities based on judicial, political or social recognition of the collective or based
on the culture, area or territory in which they live, or some common purpose.
TITLE V
ON INSTITUTIONAL CARE AND REPARATION TO VICTIMS
CHAPTER I
National Information Network for Attention and Reparation to victims
ARTICLE 153. ABOUT THE NATIONAL INFORMATION NETWORK FOR ATTENTION AND
REPARATION TO VICTIMS. Special Administrative Unit for Victims Support and Reparation shall be
in charge of the operations of the National Information Network for Attention and Reparation to
victims.
The National Information Network for Attention and Reparation to victims shall be a warranty
instrument of the National System for Comprehensive Victim Support and Reparation ensuring rapid
and effective state and regional information exchange on violations referred to in Article 3 of this Law,
which shall enable the identification and diagnosis of the circumstances that have caused and
continue to cause victims harm.
It shall determine the scope of the problem and enable the National System for Comprehensive Victim
Support and Reparation to adopt measures of immediate care, develop plans of care and
comprehensive reparations for victims registered in the Single Registry of Victims.
In addition, the Special Administrative Unit for Victims Support and Reparation shall guarantee the
internal operation of the Information Network for Attention and Reparation to victims, which shall be
supported by the State Network which is currently being run by the Presidency Agency for Social
Activities and International Cooperation for the Care of Population of Displaced Persons, which shall
be transferred to the Administrative Unit for Victims Support and Reparation within one (1) year from
the date of the adoption of this Law.
CHAPTER II
Single Registry of Victims
ARTICLE 154. THE SINGLE REGISTRY OF VICTIMS. The Special Administrative Unit for Victims
Support and Reparation shall be responsible for the operation of the Single Registry of Victim. This
Registry shall be a part of the Unified Registry of Displaced Persons currently run by the Presidential
Agency for Social Activities and International Cooperation for the Care of the Population of Displaced
Persons and shall be transferred to the Special Administrative Unit for Victims Support and
Reparation within one year (1) from the adoption of this Law.
Paragraph. The Presidency Agency for Social Activities and International Cooperation shall manage
the registers of victims from the day of entry into force of this Law, including the Unified Registry of
Displaced Persons, until the interoperability of all registries is established and the Single Registry of
Victims becomes operative and guarantees the integrity of the current registries of information.
ARTICLE 155. REQUEST FOR VICTIM REGISTRATION. Victims shall have to make a statement to
the Public Ministry within four (4) years from the adoption of this Law, if the victimization act occurred
before the adoption of the Law, and within two (2) years since the victimization act occurred, if it
occurred after the adoption of the Law, in accordance with the provisions defined by the State
Government through an instrument established by the Special Administrative Unit for Victims Support
and Reparation, which shall be mandatory for entities constituting the Public Ministry.
In case force majeure prevents the victim from filing a registration request within the time limit set forth
in this Article, the registration period shall begin at the moment of termination of the circumstances
that prevented the registration; the Public Ministry shall be informed of such circumstances and shall
forward the information to the Special Administrative Unit for Victims Support and Reparation.
The assessment made by the officer responsible for the valorization process shall respect the
constitutional principles of dignity, good faith, legitimate trust and the prevalence of material law.
Paragraph. Persons currently registered as victims shall not have to give an additional statement
after the assessment process for the same victimizing acts. In order to determine whether a person is
already registered, the database of the existing data shall be taken into account at the time of
issuance of this Law.
In cases where a person indicates additional victimizing acts in addition to the information in the
existing databases, they shall give additional statement referred to in this Article.
ARTICLE 156. REGISTRATION PROCEDURE. When submitting a registration request to the Public
Ministry, the Special Administrative Unit for Victims Support and Reparation shall carry out the
verification of the victimizing acts contained in the request, and shall consult the databases within the
National Information Network for the Care and reparation of the Victims.
Based on the information contained in the registration request, and the information gathered in the
verification process, the Special Administrative Unit for Victims Support and Reparation shall adopt a
decision granting or denying registration within a maximum of sixty (60) working days.
If victim is registered, they shall approach the assistance and reparation measures referred to referred
to in this Law, depending on the violation of their rights and the characteristics of the victimizing act,
other than the measures of humanitarian aid and emergency medical assistance that may be
accessed from the very moment of the occurrence of victimization. The Registry does not grant the
victim the status, but the inclusion of a person into the Single Victims Registry shall be sufficient for
the entities to provide care, assistance and reparation to the victims in accordance with the act of
victimization.
Paragraph 1. Pursuant to Article 15 of the Political Constitution, with the aim of protecting the right to
privacy and the safety of the victims, any information received from a victim concerning a request for
entry into the Registry shall be confidential.
Paragraph 2. In cases where the victim mentions the name or names of potential perpetrators in
order to access the measures of care, assistance and reparation granted by this Law, that name or
names shall in no case be included in the administrative document which approves or denies
registration.
Paragraph 3. The State Government shall establish mechanisms of reconstruction of truth and
historical memory in accordance with Articles 139,143,144 and 145 of this Law and they shall be
linked to the mechanisms in force.
Paragraph 4. Registration, monitoring and management of information on the population of forced

displacement victims, shall be carried out in accordance with the provisions in Title III, Chapter III of
this Law.
Paragraph 5. The information referred to in Article 48 of this Law shall be taken into account in the
registration process.
Paragraph 6. The victim shall be able to submit additional documents at the moment of giving a
statement to the Public Ministry, which shall forward these documents to the entity in charge of the
Single Victim Registry to be taken into account during the verification process.
ARTICLE 157. COMPLAINT TO REGISTRATION DECISION.

The applicant shall be able to file a complaint against the decision denying registration to the official
who made the decision within five (5) days of the date of the decision notice. The claimant shall be
able to file an appeal to the Director of the Special Administrative Unit for Victims Support and
Reparation referred to in this Law, requesting revision of the decision, within five (5) days of the date
of decision notice.
The entities that make up the Public Ministry shall be able to file a review appeal to the decision-
making officer, and as an assistance and appeal, to the Director of the Special Administrative Service
for Victims Support and Reparation referred to in this Law, against the decision granting the
registration within five (5) days from the day of decision notice. Additionally, if the legal document is
obtained illegally, the authorities may request, at any time, a direct annulment of documents that do
not require the consent of the registered person.
ARTICLE 158. ADMINISTRATIVE ACTIONS. Actions taken in connection with the registration of
victims shall be carried out in accordance with the principles and procedures established in the
Administrative Code. In particular, the constitutional principle of the prescribed procedure, good faith
and favorability shall be guaranteed. The required evidence will be summarized.
It shall be necessary to ensure that the application for registration is resolved in the shortest possible
time, within a simplified and prompt administrative process in which the State shall bear the burden
of proof.
In any administrative procedure of their interest, the victims shall have the right to receive an
effective and timely response within the time limits established and to submit relevant documents
and other evidence so that they could be valued and taken into account by the authorities at the time
of reaching a decision.
National System for Comprehensive Victim Support and Reparation
ARTICLE 159. ESTABLISHMENT OF THE NATIONAL SYSTEM FOR COMPREHENSIVE VICTIM
SUPPORT AND REPARATION. National System for Comprehensive Victim Support and Reparation
shall be established and composed of a set of public entities on state and territorial levels and other
public or private organizations in charge of formulating or implementing plans, programs and specific
actions of care and comprehensive repatriation of victims referred to in this Law.
ARTICLE 160. ON THE CONFORMITY OF THE NATIONAL SYSTEM FOR COMPREHENSIVE
VICTIM SUPPORT AND REPARATION. National System for Comprehensive Victim Support and
Reparation shall include the following entities and programs:
At state level:
1. Ministry of the Interior and Justice
2. Ministry of Foreign Affairs
3. Ministry of Finance and Public Loans
4. Ministry of State Defense
5. Ministry of Agriculture and Rural Development
6. Ministry of Social Protection
7. Ministry of Trade, Industry and Tourism
8. State Ministry of Education
9. Ministry of the Environment, Household and Territorial Development
10. Ministry of Information Technology and Communications
11. Ministry of Culture
12. State Planning Department
13. Presidency Agency for Social Activities and International Cooperation
14. Special Administrative Unit for Victims Support and Reparation
15. Unit for Land Restitution
16. State Prosecution
17. Ombudsman Office
18. Civil Society Registry
19. High Judicial Council - Administrative Division (sic)
20. State Police
21. State Education Service
22. Colombian Institute for Credit and Technical Studies Abroad
23. Colombian Family Welfare Institute
24. Colombian Institute for Rural Development
25. General State Archives
26. State Institute of Forensic Medicine and Forensic Science
27. Geographic Institute Agustn Codazzi
28. Supreme Supervision of Notary and Registry
29. Foreign Trade Bank
30. Fund for financing the agricultural sector
31. Other public and private organizations participating in various activities of care and reparation
within the scope of this Law.
32. Office for Victim Participation at State Level, in accordance with Title VIII
At territorial level:
1. Departments, districts and municipalities
2. Functionally decentralized entities or services with functions and responsibilities for the care
and reparation to victims referred to in this Law
3. Office for victim participation at the appropriate level, in accordance with Title VIII
And the following programs:
1. Presidential Program for Comprehensive Care against Anti-Personnel Mines
2. Presidential Program of Human Rights and International Humanitarian Law
ARTICLE 161. OBJECTIVES OF THE NATIONAL SYSTEM FOR COMPREHENSIVE VICTIM

SUPPORT AND REPARATION. The objectives of the entities that are part of the National System for
Comprehensive Victim Support and Reparation shall be as follows:
1. To participate in the formulation and interpretation of the integral policy of care, assistance and
reparation to victims referred to in this Law.
2. To adopt measures of concern that facilitate access and exercise of the right to truth, justice
and reparation to victims.
3. To adopt measures of care that contribute to the re-establishment of the rights of victims
referred to in this Law, supporting the conditions to conduct a dignified life.
4. To adopt measures that contribute to guaranteeing effective and efficient reparation to victims
who have suffered damage as a result of violations of the rights referred to in Article 3 of this
Law.
5. To adopt plans and programs that guarantee the effective exercise of the rights of victims and
the implementation of the measures referred to in this Law.
6. To include public and private efforts for proper comprehensive care and guarantee of human
rights and the implementation of International Humanitarian law to assist victims.
7. To enable a network of human, technical, administrative and economic resources in an

appropriate and efficient manner, which is indispensable in the execution of plans, projects and
programs of care, assistance and comprehensive reparation to victims at the state and
territorial level.
8. To ensure inter-institutional coordination, articulation of offers and programs as well as
resource, tasks, focalization and execution planning in a fully articulated way, supply of goods
and public services in accordance with the proposed solutions.
9. To guarantee the flexibility in offering various measures of attention, assistance and reparation
to victims by responsible entities with an aim of fulfilling the responsibilities defined in this Law.
10. To implement institutional efforts and support the implementation of the information platform
that enables the integration, development and consolidation of information of various entities
that make up the National System for Comprehensive Victim Support and Reparation, with a
view to completing the monitoring, follow-up and assessment of the fulfillment of the
responsibilities defined in this Law.
11. To support efforts by civil society organizations that follow the process of care, assistance and
comprehensive reparation to victims.
12. To ensure adequate coordination between the state and territorial entities, and among the
entities, in order to carry out the responsibilities and functions of the System, in accordance
with the constitutional and legal principles of accountability, coordination, competition,
subsidiarity, supplementation and delegation.
Paragraph. The National Plan for Comprehensive Victim Support and Reparation shall be developed
to reach the objectives listed above.
See District Decree 657 of 2011.

ARTICLE 162. ON THE FUNCTIONING OF THE NATIONAL SYSTEM FOR COMPREHENSIVE
VICTIM SUPPORT AND REPARATION. The system hall have two instances at the state level: the
Executive Committee for Care and Reparation to victims, which shall design and adopt a public policy
on care, assistance and reparation to victims, in coordination with the entity to which the Article refers,
and shall include Special Administrative Unit for Victims Support and Reparation, which shall
coordinate the implementation of this policy.
At the territorial level, the System shall have Territorial Committees for Transitional Justice established
by the territorial and municipal authorities of districts and municipalities.
ARTICLE 163. ENTITIES OF MANAGEMENT, COORDINATION AND IMPLEMENTATION OF THE
PUBLIC POLICY ON THE CARE, ASSISTANCE AND REPARATION TO VICTIMS. , A first-level
Public administration institution of the central sector, with the executive authority at the state level,
shall be established, for the purposes of formulating and adopting policies, general plans, programs
and projects for the care, assistance and reparation to victims referred to in Article 3 of this Law, social
inclusion, care for vulnerable groups and social and economic reintegration.
ARTICLE 164. EXECUTIVE COMMITTEE FOR CARE AND REPARATION TO VICTIMS. The
Executive Committee for Care and Repatriation of Victims shall be composed as follows:
1. President of the Republic, his representative and the Chairman of the Committee
2. Minister of Interior and Justice, or the person he delegates
3. Minister of Finance and Public Credit, or the person he delegates
4. Minister of Agriculture and Rural Development, or the person he delegates
5. Director of the State Planning Department, or the person he delegates
6. Director of the Presidency Agency for Social Activities and International Cooperation, or the
person he delegates
7. Director of Special Administrative Unit for Victims Support and Reparation
Paragraph 1. The Technical Secretariat of the Executive Committee for Care and Reparation to
victims shall be guided by the Special Administrative for Victims Support and Reparation.
Paragraph 2. Ministers and directors who make up the Committee shall be able to delegate only the
Deputy Ministers or Deputy Directors, General Secretaries or Technical Directors.
ARTICLE 165. THE FUNCTIONS OF THE EXECUTIVE COMMITTEE FOR CARE AND
REPARATION TO VICTIMS.
The Executive Committee For Care And Reparation to victims is the highest decision-making body of
the National System for Comprehensive Victim Support and Reparation with an aim to help implement
the rights to truth, justice and comprehensive reparation for damage. Within its mandate, it shall
encompass the following functions:
1. Designing and adopting policies, strategies, plans, programs and projects for care, assistance
and comprehensive repatriation of victims.
2. Designing, adopting and validating the State Plan for Care and Comprehensive Reparation
referred to in this Law.
3. Ensuring that the entities of the National System for Comprehensive Victim Support and
Reparation guarantee timely allocation of budget funds and the management of financial
resources originating from sources other than the General State Budget, in order to ensure
proper and timely provision of services.
4. Supporting and managing payment of budget funds for the implementation of policies,
strategies, plans, projects and programs.
5. Adopting the basis and criteria of public investment in the field of care, assistance and
reparation to victims.
6. Determining the coordination instruments for budget planning, execution and evaluation, in
order to respond to the development of its operations.
7. Implementing and monitoring the implementation of this Law, taking into consideration an
effective contribution to the rights to the truth, justice and full compensation to victims in
accordance with the responsibilities referred to in this Law.
8. Creating relevant rules.
9. Other functions delegated by the State Government.
Paragraph 1. The Executive Committee For Care And Reparation to victims shall meet at least once
every six (6) months, and in the case of emergency. The Executive Committee shall have technical
sub-committees necessary for the design of public policies for care and comprehensive reparation.
Paragraph 2. In order to carry out its functions, the Executive Committee For Care And Reparation to
victims shall be able to convene, as guests, representatives or delegates of other entities they consider
relevant, as well as representatives of the State Office for Victim Participation, in accordance with the
provisions of Title VIII of this Law.
ARTICLE 166. ON SPECIAL ADMINISTRATIVE UNIT FOR VICTIMS SUPPORT AND
REPARATION. The Unit for Care and Comprehensive Reparation to victims shall be established as a
Special Administrative Unit with legal entity status, administrative and financial autonomy, assigned to
the Administrative Division of the Presidency of the Republic.
The headquarters of the Units shall be in Bogota D.C., and it shall be financed by the resources
allocated from the General State Budget, assets transferred by the Government and other public
entities of the state level, and other revenues.
ARTICLE 167. ON MANAGEMENT AND ADMINISTRATION BODIES. The Special Administrative

Unit for Victims Support and Reparation shall have a Director who shall be appointed and dismissed
by the President of the Republic and shall have at its disposal the internal structure and staff assigned
by the State Government, as required.
ARTICLE 168. ON THE ACTIVITIES OF THE SPECIAL ADMINISTRATIVE UNIT FOR VICTIMS
SUPPORT AND REPARATION. The Special Administrative Unit for Victims Support and Reparation
shall coordinate, in a systematic, systematic, coherent, efficient and harmonious way, the activities of
the entities that are part of the National System for Comprehensive Victim Support and Reparation, in
terms of implementation of a public policy of care, assistance and comprehensive reparation to
victims. It shall also assume the co-ordination duties set out in the Laws 387,418 of 1997, 975 of
2005, 1190 of 2008 and other provisions defined in policies intended to implement the rights to truth,
justice and reparation to victims. Additionally, it shall perform the following activities:
1. Ensure the necessary inputs for designing, adopting and evaluating a public policy for care
and comprehensive repatriation of victims.
2. Guarantee the functioning of the National Information Network for Attention and Reparation to
victims, including the interoperability of various systems of victim care and reparation
3. Implement and manage the Singly Victims Registry, guaranteeing the integrity of the current
registries.
4. Apply certification instruments to entities that are part of the National System for
Comprehensive Victim Support and Reparation, in respect to their contribution to effective
enjoyment of the right to justice, justice and comprehensive reparation to victims, in
accordance with the obligations of this Law.
5. Coordinate with the Ministry of Finance and Public Loans and the State Department for
Planning, allocation and transfer of required budgetary resources to territorial entities for
implementation of plans, projects and programs of care, assistance and comprehensive
reparation to victims in accordance with this Law.
6. Implement state-territorial coordination, for the purposes of which it shall participate in the
territorial committees for transitional justice.
7. Manage necessary resources and delivery of compensation to victims through the

administration channels, as defined in this Law.
8. Manage the Fund for the Repatriation of Victims and Payment of Judicial Fees in line with the
provisions of Law of 975 of 2005.
9. Coordinate guidelines of judicial defense of entities in the National System for Comprehensive
Victim Support and Reparation and the execution of the court order in respect with the
programs it delivers in accordance with this Law.
10. Guarantee mechanisms and strategies of effective participation of victims, with differential
approach, design plans, programs and projects of care, assistance and comprehensive
reparation.
11. Coordinate and create, strengthen, implement and manage Regional Care and Reparation
Centers considered to be relevant for the development of its functions.
12. Define and propose the criteria for the necessary inputs for the design of collective reparation
measures in accordance with Articles 151 and 152 and the implementation of collective
reparation measures adopted by the Executive Committee For Care And Reparation to victims.
13. Develop strategies for handling, monitoring and orienting humanitarian emergencies and
terrorist attacks.
14. Implement activities to guarantee comprehensive and timely care in cases of massive
displacement emergencies.
15. Coordinate the return and/or resettlement of persons and families who were victims of forced
displacement, in accordance with Article 66.
16. Provision of humanitarian aid to victims referred to in Article 47 of this Law, as well as
emergency humanitarian aid referred to in Article 64, which may be submitted directly or
through territorial entities. Perform valorization referred to in Article 65 in order to determine
demand for humanitarian transition assistance to displaced population.
17. Implementation of special schemes for support and monitoring of victims' households.
18. Support implementation of the necessary mechanisms for community and society rehabilitation.
19. Contribute to the involvement of victims' households in various social programs developed by
the State Government.
20. Implement activities to manage the appropriate housing conditions in case of terrorist attacks
affecting housing units.
21. Other activities delegated by the State Government.
Paragraph. The Regional Care and Reparation Centers referred to in this Article shall unite and bring
together all the institutional support to victim care in such a way that the victim shall only need access
these Centers in order to gain information about their rights, and shall be informed how to directly
access, in an effective and immediate manner, the measures of care and reparation defined in this
Law, as well as how to access the Single Registry of Victims. To this end, the Special Administrative
Unit for Victims Support and Reparation shall conclude inter-ministerial agreements with territorial
entities or the Public Ministry, or, in general, any agreement guaranteeing unity in dealing with the
victims referred to in this Law. These Regional Centers shall be supported within the infrastructure
currently concerned with the victims, for which they shall communicate with the body referred to in
Article 163 of this Law.
ARTICLE 169 DECENTRALIZATION. Special Administrative Unit for Victims Support and Reparation
shall perform their activities in a decentralized manner, through units or territorial units at the disposal
of the Presidency Agency for Social Activities and International Cooperation or the relevant entity,
which shall be defined in relevant agreements.
Special Administrative Unit for Victims Support and Reparation shall be able to sign the agreements
on provision of services with the entities or territorial-level bodies.
ARTICLE 170. TRANSITION OF INSTITUTIONAL RESPONSIBILITIES. During the period of one

year from the date of application of this Law, the State Government shall have to make the necessary
institutional adjustments in the entities and bodies currently performing the activities related to the
subject matter of this Law, with the aim of avoiding duplication of functions and guaranteeing the
continuity of the provision of services without affecting at any time the care for the victims.
The Presidency Agency for Social Activities and International Cooperation shall be transformed into an
administrative department responsible for development of policies, general plans, projections and
projects for assistance, care and reparation to victims of violations of the rights referred to in Article 3
of this Law, social inclusion, care of vulnerable groups and social and economic re-integration.
Paragraph. Until the structure and staffing of the Special Administrative Unit is adopted and the
Presidency Agency for Social Activities and International Cooperation is transformed into
administrative department, this entity, as well as others who perform these activities, shall continue to
implement the policies of care and reparation to victims referred to in this Law.
Employment in the administrative sector resulting from institutional reforms to be implemented referred
to in this Law shall be ensured by a special call to be initiated by the State Commission for public
officials.
ARTICLE 171. TRANSITION OF THE NATIONAL COMMISSION FOR REPARATION AND

RECONCILIATION. Unit for Care and Comprehensive Reparation to victims shall take over the
functions and responsibilities of the National Commission for Reparation and Reconciliation - CNRR
established by the Law 975 of 2005 and other regulations and decrees that regulate or modify it, within
one year from the adoption of this Law. It shall also receive all documentation, experience and
knowledge obtained from the National Commission for Reparation and Reconciliation CNRR. To that
end the State Government shall, in terms of the previous Article, guarantee the transition to a new
institution in an efficient, coordinated and articulated manner.
In the same way, the functions of the Regional Commissions for the Restitution of Goods, to which
Articles 52 and 53 of Law 975 of 2005 relate, shall be taken over by the Special Administrative Unit for
Land Restitution.
ARTICLE 172. STATE-TERRITORIAL ARTICULATION AND COORDINATION. The Unit for Care and
Comprehensive Reparation to victims should design, based on the principles of coordination,
competition and subsidiarity established in the Constitution, a strategy that allows the articulation of the
public offer of state, district, district and municipal policies, in terms of humanitarian assistance, care
and comprehensive reparation, taking into consideration the following:
Different conditions of territorial entities in relation to factors such as fiscal capacity, index of basic
unmet needs and pressure index, which implies the existing links between the population of victims
under the municipal, district and district care and its total population, bearing in mind other specific
needs of the territorial authorities in connection with the care of victims.
The articulation of the public offer of state, district, municipal and the district policies regarding
humanitarian aid, care, assistance and reparation for victims.
The structure of the accountability system that shall ensure:
3.1. The execution of technical support of the instances at the district and local levels for the
formulation of programs of care and comprehensive reparation for victims.
3.2. Provision of technical, administrative and financial assistance within the framework set out in
this Law.
3.3. Communication and timely information on requirements and decisions made within the
National System for Comprehensive Victim Support and Reparation.
3.4. Provision of timely care through the agreed processes respecting the categorization of victim
qualification and comprehensive identification of households.
3.5. Information necessary for the territorial entities to harmonize the plans of care and reparation
for victims and the efficient allocation of resources.
3.6. A system of monitoring and follow-up of investments and attention provided with an aim to
optimize attention.
3.7. Implementation of periodic and systematic representative examples which make it possible to
measure the conditions in households, participants in programs of care and comprehensive
reparation, through surveys on efficient exercise of rights.
3.8. Consideration of schemes for flexible attention in accordance with the territorial authorities
and specific conditions in each region.
3.9. Establishment of a scheme to supplement the sectional and local efforts in addressing the
territorial priorities for the victims referred to in this Law.
3.10.Provision of technical assistance in development of plans, projects and programs in
accordance with the stipulations set out in this Article at the level of counties, municipalities
and districts, which with participation of the aforementioned territorial entities, the National
Planning Department and the Special Administrative Unit for Victims Support and Reparation.
ARTICLE 173. TERRITORIAL COMMITTEES FOR TRANSITIONAL JUSTICE. The State
Government shall, through the Special Administrative Unit for Victims Support and Reparation,
promote the establishment of the Territorial Committee for Transitional Justice with the support of the
Ministry of Interior and Justice, responsible for the elaboration of plans for activities in the framework of
development plans in order to provide care, assistance and comprehensive reparation for victims,
coordinate activities of entities that make up the National System for Comprehensive Victim Support
and Reparation, at the district and municipal level, the articulation of institutional offers for ensuring
victims rights to truth, justice and reparation, as well as the guarantee of non-repetition, coordination of
activities in terms of social inclusion and social investment for vulnerable populations and the adoption
of measures leading to the implementation of policies, plans, programs and strategies on the issue of
disarmament, demobilization and reintegration.
These committees shall include:
1. The Governor or Mayor, as a chairman, depending on the case.
2. The Secretary of district or municipal government, depending on the case.
3. The Secretary of the district or municipal planning department, depending on the case.
4. The Secretary of the district or municipal health department, depending on the case.
5. The Secretary of the district or municipal department for education, depending on the case.
6. Division or brigade commander having jurisdiction in the zone.
7. Commander of the National Police in the relevant jurisdiction.
8. Regional Director of the zonal center of the Colombian Institute for the Welfare of the Family.
9. Regional Director of the National Education Service (SENA).
10. Representative of the Public Ministry.
11. Two representatives of the Office for Victim Participation at the territorial level according to Title
VIII of this Law.
12. A delegate of the Director of the Special Administrative Unit for Victims Support and
Reparation.
Paragraph 1. Committees referred to in this Article shall invite the representatives or delegates of
other entities which within the framework of this Law contribute to guaranteeing the right to truth,
justice and reparation for victims and generally, those civic organizations or persons and
representatives they consider appropriate.
Paragraph 2. A governor or a mayor shall establish the technical secretariat of the territorial
committee of transitional justice, for which the instruments shall be designed to allow them to monitor
compromises made by entities that are part of the Committee.
Paragraph 3. Authorities that make up the Committee referred to in this Article, cannot delegate, in
any case, their participation in the Committee or on any of its sessions to third parties.
ARTICLE 174 FUNCTIONS OF TERRITORIAL ENTITIES. In order to meet the objectives set out in
Article 161, in accordance with Articles 172 and 173, within one year of the entry into force of this Law,
territorial entities shall begin to design and implement, through appropriate procedures, programs for
prevention, care, support and comprehensive reparation for victims, for which they shall secure
necessary budgetary resources within the framework of development plans and shall adhere to the
guidelines of the National Plan of Assistance and Comprehensive Repatriation to Victims.
See district Decree 083 of 2012.
Notwithstanding the foregoing, territorial authorities shall fulfil the following special activities relating to
provision of care, assistance and comprehensive reparation for victims:
1. At the expense of district, district or municipal budgets, in compliance with the guidelines
established in appropriate district, district or municipal development plane and in line with the National
Plan of Assistance and Comprehensive Repatriation to Victims, they shall provide immediate
assistance, cover funeral service expenses, complement measures of care and comprehensive
reparation and manage presence and provision of timely responses by the appropriate state authorities
for care, assistance and comprehensive reparation for victims.
2. At the expense of the funds received from the General System for Participation and in accordance
with the relevant constitutional and legal provisions, guarantee the provision of efficient and timely
health and education services, drinking water and basic sanitary facilities.
3. Comply with the orders and directives issued by the President of the Republic relating to
maintenance, preservation and restoration of public order, guarantee the security and personal
protection of victims with the support of the National Police, whose assistance should be made
available through the Governor or Mayor as the first-level authority of the administrative police by
district, district or municipal orders. To this end, the Ministry of the Interior and Justice shall coordinate
implementation of these measures with territorial authorities.
4. Elaborate and implement action plans to ensure the implementation and effectiveness of prevention,
care, support and comprehensive reparation for victims in their territories, in accordance with different
victimizing acts committed by violating rights described in Article 3 of this Law.
Paragraph 1. The plans and programs adopted by the territorial entities shall guarantee the
fundamental rights of victims and take into account differential approach.
Paragraph 2. Activities implemented by counties, districts and municipalities shall correspond to their
responsibilities in accordance with their constitutional and legal mandate, regardless of the actions that
they and other public authorities must provide, in compliance with the principles of competition,
supplementation and subsidiarity.
Paragraph 3. The mayors and district and municipal councils shall also guarantee the district and
municipal services the necessary measures and resources to perform activities related to the
implementation of this Law.
CHAPTER. IV
National plan for care and comprehensive reparation for victims
ARTICLE 175. DESIGN AND OBJECTIVES OF THE NATIONAL PLAN FOR CARE AND
COMPREHENSIVE REPARATION FOR VICTIMS. State Government shall, within one year after
adoption of this Law, adopt by a regulatory decree the National Plan for Care and Comprehensive
Reparation for Victims, which shall establish the necessary mechanisms for the implementation of
all measures of care, assistance and reparation defined in this Law.
To this end, the State Government shall develop a CONPES document, which shall include the
plan of implementation of objectives, the budget and monitoring mechanism, and shall annually
determine the destination, the mechanisms of transfer and execution, the funds and entities, in
accordance with the obligations set forth in this Law, for the following fiscal year.
Paragraph. The State Government shall pursue inclusion of victims in the process of designing
and monitoring the plan for the care and reparation for victims.
ARTICLE 176. OBJECTIVES. The objectives of the National Plan for the Care and
Comprehensive Reparation for Victims shall, among others, including the following:
1. Adoption of measures of care and assistance set out in this Law, in accordance with the
legislation and on the basis of the decision of the high courts on this issue.
2. Implementation of measures of comprehensive reparation that serve programs to be

devised by the State of Colombia in an attempt to ensure reparation for victims, taking into
account the principles of International Humanitarian Law, constitutional and other legally
binding norms in this regard, as well as the criteria for reparations announced by
jurisprudence and State Commission for Reparation and Reconciliation.
3. Adoption of mechanisms that facilitate legal aid for victims in guaranteeing their rights to
truth, justice and restitution of violated rights and their hereditary goods as well as the right
to comprehensive reparation.
4. Design and adoption of measures that guarantee victims' access to integral plans,
programs and projects of urban and rural development, offering the necessary measures to
repair the damage caused, avoiding re-victimization.
5. Provision of special attention to women and children, primarily widows, mothers heads of
families, and orphans.
6. Devising a strategy of comprehensive care for the victims in order to articulate the attention
devoted by state institutions with the aim of guaranteeing the efficiency and effectiveness
dedicated to the victims, providing an additional and comprehensive articulation at the
central and territorial level.
7. Programming the necessary tools for the execution and monitoring of Information System
that allows handling and exchange of information on victims between different state
institutions that deal with them, with the purpose of ensuring rapid and effective national
and regional information exchange.
Paragraph. The fulfillment of the National Plan requires implementation of institutional design at
the national and territorial level and programs that meet the needs for care and the right to
reparation for victims.
CHAPTER IV (SIC)
Victims' Reparation Fund
ARTICLE 177. REPARATION FUND. Article 54 of the Law 975 of 2005 shall be amended by the
following subpart:
Additionally, this Fund shall include the following resources:
a) Income from fines charged to individuals or illegal armed groups in court proceedings;
b) Voluntary contributions made by governments, international organizations, individuals,
companies and other entities;
c) Funds collected by financial entities as a result of voluntary donations in finalizing
transactions at ATMs or over the Internet;
d) Funds collected by warehouses and chains of large supermarkets under the concept of free
donation rounding change amounts;
e) Fees charged to persons convicted of conspiracy and organization, promotion, arming or
financing illegal armed groups;
f) Fees charged to persons convicted for supporting illegal armed groups by companies;
g) Funds that come from the property embargo process under the provisions of Law 793 of
2002, in the amount or percentage specified by the State Government.
Paragraph 1. Immovable rural properties registered in the Victims' Reparation Fund shall be
transferred at the request of the Special Unit for Land Restitution, under the conditions and
procedures defined by the State Government. Since the adoption of this Law, the immovable
property handed over in the framework of Law 975 of 2005 shall be transferred directly to the
Special Administrative Unit for Land Restitution, at its request, whenever it does not affect the
specific destinations of reparations according to the provisions of Law 975 of 2005 and other norms
governing this question.
Paragraph 2. Financial entities shall have the necessary measures at disposal to inform its
customers and ATM clients and internet portals of the possibility of contributions to the Reparation
Fund, through donations amounting to less than 1% of the minimum guaranteed salary for each
transaction.
Paragraph 3. Chains of big warehouses and supermarkets shall have at their disposal the
necessary measures to inform their clients about the possibility of voluntary contributions to the
Reparation Fund by donating their change. The aforementioned amounts shall be forwarded each
month to the Reparation Fund and transaction costs shall be covered directly by chains of
warehouses and supermarkets.
Paragraph 4. Disposal of goods that enter the Reparation Fund referred to in Article 54 of Law
975 of 2005 shall be decided upon by private law. The Fund shall be subject to marketing, sales or
any legal transaction, except in cases where a request for restitution was officially submitted in
court proceedings, which includes goods dealt with the court order.
Sale or any legal transaction of the Fund goods shall be carried out by means of administrative
document which shall be recorded in the appropriate Registration Office, when a judicial nature of
the goods requires such proceedings.
CHAPTER V
The Disciplinary Regime of Public Servants Before the Victims
ARTICLE 178. PUBLIC SERVANTS' RESPONSIBILITIES. The responsibilities of public servants

before victims include:
1. Being respectful and ensuring dignity and implementation of International Human Rights
and International Humanitarian Law.
2. Investigating violence/violation of the rights referred to in Article 3 of this Law, in an

efficient, prompt, full and impartial manner.
3. Treating victims humanely and respecting their dignity and their human rights.
4. Adopting or requesting the competent authority to promptly adopt appropriate measures to

guarantee safety, physical and psychological well-being and privacy for the victims and their
families, in accordance with the existing protection programs.
5. Treating victims with special respect and attention to judicial and administrative processes
intended to achieve justice and reparation and prevent occurrence of a new trauma.
6. Monitoring equal and effective access to justice; appropriate and effective reparation of
violated rights and access to relevant information concerning violations and reparation
mechanisms, regardless of who is ultimately found responsible.
7. Adopting and requesting from the appropriate authority, immediate and effective measures
to prevent continuance of violation of the right.
8. Checking the events, disclosing them and making them public to the extent that does not
cause more harm or threaten the safety and interests of the victims, their families,
witnesses or persons who helped the victim or prevented the occurrence of new violations.
9. Commencing all actions intended to search for the missing, revealing the identity of the
kidnapped persons and bodies of those killed, including unidentified persons, and assisting
in finding the location of the remains of the victims, taking them over, identifying and re-
burying them according to the direct or presumed wish of the victim or the traditions and
cultural customs of their family or community. The implementation of the National Plan for
Searching for Missing Persons is mandatory.
Paragraph 1. The obligations specified under 6, 8 and 9 shall be delivered before the competent
authorities.
Paragraph 2. Public Ministry shall monitor the execution of the obligations specified herein, in
particular of the legal right to search for victims in the National Registry of Missing Persons. Failure
to meet legal obligations of the search for missing persons by public officials shall be disciplinary
sanctioned.
ARTICLE 179. DISCIPLINARY PROCEEDINGS. A public servant shall undergo disciplinary

proceedings for serious violations should they:
1. although required, refuse to give an official statement which acknowledges the dignity,
reputation and rights of victims and people very close to them;
2. although required, refuse to make a public apology that includes recognition of act of
violence and acceptance of responsibility;
3. deny or prevent victims or their representatives from access to non-confidential information

about the causes of victimization and the causes and conditions of rights violation/rape
referred to in Article 3 of the Law, or prevent them to find the truth about these acts;
4. give inaccurate information to victims of acts that have caused victimization;
5. discriminate on grounds of victimization.
ARTICLE 180. LIABILITY OF OFFICIALS. Without prejudice to the criminal and disciplinary
liability that could occur, public officials who affect the rights of victims in the execution of the
criminal proceedings or judicial and administrative processes of other type, shall answer before the
competent courts for those violations.
TITLE VII
COMPREHENSIVE PROTECTION OF CHILDREN AND ADOLESCENT VICTIMS
ARTICLE 181. RIGHTS OF CHILDREN AND ADOLESCENT VICTIMS. For the purposes of this
Law, the terms boy, girl and adolescent refer to a person under 18 years of age. Boys, girls and
adolescent victims of human rights violations and violence referred in Article 3 of this Law, shall
enjoy all civil, political, economic and cultural rights. Preferentially and additionally, they shall have,
among others, the right to:
1. truth, justice and comprehensive reparation

2. re-establishment of their priority right
3. protection against all forms of violence, prejudice, physical or mental abuse and
exploitation, including illegal recruitment, forced displacement, anti-personnel mines and
unexploded ordnance and all forms of sexual violence.
Paragraph. For the purposes of this Title, boys, girls and adolescents who had been conceived as
a result of sexual violence in internal armed conflict shall also be regarded as victims.
ARTICLE 182. COMPREHENSIVE REPARATION. Boys, girls and adolescent victims in terms of
this Law, have the right to comprehensive reparation. This right shall include measures of
compensation, rehabilitation, satisfaction, restitution and guarantees of non-repetition.
Paragraph 1. Comprehensive reparation provided referred to in this Article shall be provided by

the State, through the competent entities, especially those that are part of the National System for
the Family Welfare.
Paragraph 2. The Executive Committee for Care and Repatriation of Victims shall, in accordance
with this Law, create specific guidelines with the support of the Colombian Institute for Family
Welfare as the coordinator of the National System for Family Welfare, to guarantee the process of
comprehensive reparation for boys, girls and adolescent victims, which should be included in the
Conpes document referred in this Law.
ARTICLE 183. REINSTATEMENT OF RIGHTS. Violated rights of boys, girls and adolescents shall
be reinstated through the processes and mechanisms that the Constitution and laws, especially the
Childhood and Adolescence Code, make available for this purpose.
ARTICLE 184. RIGHT TO COMPENSATION. Boys, girls and adolescent victims are entitled to
compensation. Parents, or in their absence, a family representative acting on behalf of children or
adolescent victims, shall apply for the compensation to which they are entitled.
In cases where children and adolescents were victims of illegal recruitment, they shall cut ties with
illegal armed groups if they are underage, in order to be granted the right to compensation.
ARTICLE 185. CREATION OF TRUST FUNDS FOR BOYS, GIRLS AND ADOLESCENTS. The
judicial or administrative official who approves the compensation to children and adolescents, shall
order the appointment of trustee, assuring that they receive, the of average the largest financial
fees in the previous six months. The funds shall be delivered as soon as they reach the age of
majority.
ARTICLE 186. ACCESS TO JUSTICE. The State is obliged to investigate and sanction the
perpetrators and accomplices of violation of rights referred to in Article 3 of this Law, according to
which victims are boys, girls and adolescents. To this end, the Office of Attorney General, the Office
of Inspector General, the Ombudsman and the Colombian Institute for the Family Welfare shall
devise mechanisms to guarantee their participation, bearing in mind effective implementation of the
right to truth, justice and reparation.
ARTICLE 187. RECONCILIATION. The State shall guarantee boys, girls and adolescents the right
to build coexistence and restore relationships of trust among different segments of the society.
To this end, the Colombian Institute for Family Welfare shall communicate provisions of
reconciliation policy to be adopted by the National System for Family Welfare, taking into account
recommendations of the National Commission for Reparation and Reconciliation.
Article 188. BOYS, GIRLS AND ADOLESCENT ORPHANS. All the boys, girls and adolescent
who were orphaned, left with one or no parents, due to violations of rights referred to in Article 3 of
this Law, shall have the right to comprehensive reparation. Any authority at the district, regional or
local level and any civil servant who learns of such situation shall immediately notify the Colombian
Institute for the Family Welfare of their findings, so that it could, through a family
representative/attorney, initiate judicial and administrative procedures with an aim of ensuring
comprehensive reparation to the victims.
Article 189. CHILDREN AND ADOLESCENT VICTIMS OF ANTI-PERSONNEL MINES,
UNEXPLODED ORDNANCE AND IMPROVISED ARTIFACTS.
All boys, girls and adolescents victims of anti-personnel mines, unexploded ordnance and
improvised explosive artifacts shall have the right to comprehensive reparation. Boys, girls and
adolescent victims of anti-personnel mines, unexploded ordnance and improvised explosive
artifacts shall be entitled to receive, free of charge and at the time specified by the technical-
scientific criteria, medical treatment, prostheses, orthotics and psychological assistance, which
guarantee their complete rehabilitation.
Paragraph. Recognition and payment od treatment costs referred to in this Article, shall be
conducted through the Ministry of Social Welfare at the expense of the Solidarity Fund, the
guarantee of the General System for Social Security in Health, FOSYGA and Catastrophic Events
and Traffic Accidents subaccount, unless they are insured by some other company, ensuring the
execution and development of Title III of the Law 1438 of 2011.
ARTICLE 190. CHILDREN AND ADOLESCENT VICTIMS OF ILLEGAL RECRUITMENT. All boys,
girls and adolescent victims of recruitment shall have the right to comprehensive reparation in
terms of this Law. Children and adolescent victims of crime of illegal recruitment shall require
damage reparation, in accordance with the statutory limitations adopted under Article 83 of the
Criminal Code.
Restitution of the rights of boys, girls and adolescents shall be at the expense of the Colombian
Institute for Family Welfare. When the boys, girls and adolescents reach the age of majority, they
shall be able to access the process of social and economic reintegration, led by the High Council
for Social and Economic Reintegration of Individuals and Authority Opponent Groups, by
presenting a certificate of departure from illegal armed groups issued by the Working Committee
for the Surrender of Weapons.
ARTICLE 191. BENEFITS RESULTING FROM THE LEGAL NORMS. The norms referred to in
this Title shall apply regardless of other provisions of this Law. In case of doubt, in the process of
administrative reparations, a disposition that is in favor of boys, girls and adolescents shall apply, in
accordance with the higher interest of a child.
TITLE VIII
VICTIMS' PARTICIPATION
ARTICLE 192. The State is obliged to guarantee effective participation of victims in the creation,
implementation, execution and harmonization of laws and plans, projects and programs that are
devised for this purpose. To this end, democratic mechanisms shall be designed, in accordance
with the Constitution and the law, and shall, among other things:
Guarantee the disposal of the media and instruments necessary for the election of representatives
in decision-making and monitoring bodies referred to in this Law, access to information, creation of
adequate space for effective participation of victims at the state, district and municipal levels.
Secure submission of a statement of the execution of plans, projects and programs designed and
implemented within the framework of this Law, accordance with Article 209 of the Constitution. This
implementation shall include participation of victims.
ARTICLE 193. OFFICE FOR VICTIMS' PARTICIPATION. Timely and effective participation of
victims referred to in this Law shall be guaranteed, in the areas of creation, implementation,
execution and evaluation of policies at the state, district, municipal and district levels. To this end,
Offices for Victims' Participation shall be established, enabling the effective participation of women,
boys, girls, adolescents and elderly victims, in order for their programs to become visible.
Participation of the organizations defending victims rights and victims' organizations shall be
guaranteed with an aim of ensuring effective participation of victims in the election of their
representatives to the different decision-making and monitoring bodies regulating the
implementation of laws, plans, projects and programs, participation in the submission of financial
statements of responsible entities and implementation of civil control, without fear of threat of social
control by other organizations outside of this area.
Paragraph 1. In order to establish offices at the municipal, district and state levels, organizations
referred to in this Article that are interested in participation, must be registered in the municipal or
district service (la Personera) or in the Office of the Ombudsman at the district or state level,
which, in this case operates as the Technical Secretariat.
Participation in the Office for Victims' Participation at the district level requires membership in the
Office for the Victims' Participation at the appropriate municipal level. Participation in the Office for
the Victims' Participation at the national level requires participation at district level.
Paragraph 2. The offices shall be established within six (6) months from the adoption of this Law.
The State Government shall ensure measures for effective participation of the Special
Administrative Unit for Victims Support and Reparation.
Paragraph 3. The Office for Victims' Participation at the state level shall be responsible to appoint
victim representatives in the Executive Committee of the Special Administrative Unit for Land,
Executive Committee of the Special Administrative Unit for Victim Support and Reparation, in
accordance with Article 164, and Follow-Up and Monitoring Committee to be established by this
Law. The representatives shall be elected by the members who make up the Office.
Offices for Victims' Participation at the territorial level shall be responsible for electing the
representatives of the victims in Territorial Committees for Transitional Justice referred to in Article
173.
Paragraph 4. Special Administrative Unit for Victims Support and Reparation shall establish a
procedure to include organizations of displaced persons existing at the time of adoption of this Law
in the Offices referred to in this Article.
ARTICLE 194. PARTICIPATION TOOLS. In order to ensure effective participation referred to in

this Title, mayors, governors and Executive Committee of the Special Administrative Unit for Victim
Support and Reparation, shall have at their disposal a protocol for effective participation in order to
determine the necessary participation requirements.
The protocol for effective participation should ensure that public entities responsible for decision-
making, implementation and execution of plans and programs for care and reparation, shall first
forward project decisions that authorize members of relevant offices to present their observations
to Offices for Victims' Participation at the municipal, district and state levels, depending on the
case.
Public entities responsible for decision-making shall evaluate the observations submitted by the
Offices for Victims' Participation in such a way to provide an institutional response to each of the
observations. Observations once considered and denied, must be conveyed to appropriate offices
with an appropriate explanation.
TITLE IX
FINAL PROVISIONS
ARTICLE 195. EXTRADITED PERSONS. According to the principle of external coherence

established in Article 12, in order to contribute to the effectiveness of the right to justice, the State
of Colombia shall adopt appropriate measures to guarantee the effective participation of victims in
investigations, court processes and procedures involving members of illegal armed groups or
disarmed and demobilized members of such groups convicted for violence/violation of rights
referred to in Article 3 of this Law, under foreign jurisdictions, for which the State of Colombia
sought extradition. In addition, the State shall take measures to cooperate with the judiciary in
relation to the testimonies clarifying the facts and behaviors related to violence/violation of rights
under Article 3 of this Law.
In order to contribute to the effectiveness of the right to truth, appropriate measures shall be
adopted in order to have persons referred to in this Article reveal the motives and the
circumstances under which they committed violence/violation of rights, and in cases involving
death or disappearance, the fate of the victims.
In order to contribute to the effectiveness of the right to reparation, measures shall be adopted to
guarantee that the property of extradited persons is given or misappropriated and allocated to the
Victims Reparation Fund established in Article 54 of Law 975 of 2005.
ARTICLE 196. SATISFACTION AND SYMBOLIC REPARATION MEASURES TAKEN BY

STAKEHOLDERS. In cases when during the peace process initiated by the State Government
members of illegal armed groups become pardoned, amnestied, banned or excluded from
investigation or investigation of whom has been terminated, under the terms defined in Laws 77 of
1989, 104 of 1993 and 418 of 1997 and decrees 206 of 1990, 213 of 1991 and 1,943 of 1991 and
the People's Revolutionary Organization (ORP), shall be obliged to celebrate the memory of their
victims by implementing the measures of satisfaction and symbolic reparations provided by this
Code.
To this end, the State Government shall, through the Ministry of the Interior and Justice, within four
(4) months, deliver reports on the members of above mentioned organizations who have benefited
from the measures implemented by the State.
The information shall be forwarded to the coordinator of the National System for Comprehensive
Victim Support and Reparation, which shall, within twelve (12) months, impose the necessary
measures so that persons referred to in the report submitted by the State Government, could
individually or collectively, begin with the execution of measures of satisfaction, required moral
compensation and symbolic reparation defined in this Law.
Evaluation of pertinence, sufficiency and proportionality of the measures imposed shall be decided
by the coordinator of the National System for Comprehensive Victim Support and Reparation.
Any person belonging to illegal armed groups shall be able to directly contact the Ministry of
Interior and Justice, within a maximum of three (3) months, to express their intention of glorifying
the victims, in the manner mentioned in above.
As a result of the procedures defined above, the National System for Comprehensive Victim
Support and Reparation shall cooperate with responsible entities on making and airing a
documentary film, at the expense of the Fund for the Public Television Development, which shall
revive the memory of the victims and publicly express apology of the perpetrators of acts. All state
entities shall be obliged to approve the measures at their disposal to guarantee the making of the
film which shall be aired on institutional channel as well as on regional and private channels, within
the deadline established by the State Commission for Television or the entity acting on its behalf.
ARTICLE 197. FINANCING MEASURES FOR CARE AND COMPREHENSIVE REPARATION

FOR VICTIMS OF HUMAN RIGHTS VIOLATIONS AND VIOLATIONS OF INTERNATIONAL
HUMANITARIAN LAW IN INTERNAL ARMED CONFLICT. The measures which increase the
scope of jurisdictions of state institutions shall be considered in context of the approved budget for
each of the items, within the fiscal framework. Furthermore, programs or projects developed in
accordance with this Law shall have priority in institutional offer and fiscal responsibilities of the
entities, without obstructing any other constitutional and legal activities that are also assigned as
priorities to other state organs and entities.
ARTICLE 198. REGISTRATION OF VICTIMS BY DECEIT. If after delivery of administrative

compensation it becomes evident that a person had not had the status of the victim, or had proved
such status in a deceptive manner or by fraud, the approved compensation measures shall be
revoked, the approved and paid compensation shall be paid back and copies of relevant
documents shall be sent to the competent authorities in order to initiate investigation.
ARTICLE 199. DECEIT IN VICTIM REGISTRATION. Persons who registered as victims by

deliberately modifying and simulating conditions required for registration or by withholding
conditions that would prevent registration shall be sentenced to prison for a period of five (5) to
eight (8) years. In addition, a civil servant having knowledge of the false modifications and
simulations enabling or completing registration of such persons, shall be punished with the same
sentence and banned from performing public servant duties for a period of five (5) to eight (8)
years.
ARTICLE 200. REPORT ON THE IMPLEMENTATION OF THE LAW. The President of the
Republic shall present an annual report on progress in the execution of and compliance with this
Law. The report shall be presented to the National Congress within a month of the initiation of
legislature.
Presentation of the report shall be broadcast on the national and regional channels. In addition, the
report shall be published on the internet websites of all entities within the National System for
Comprehensive Victim Support and Reparation and shall be distributed as photocopy to be
accessed by the victims, victim organizations and civil society organizations.
ARTICLE 201. MECHANISM FOR MONITORING LAW IMPLEMENTATION.

The Committee for monitoring shall be established, which shall have the primary function of
monitoring the process of creation, implementation and execution of the measures contained in this
Law. The Committee shall be composed of:
1. The General State Prosecutor or a delegate, the Chairman of the Commission.

2. The Ombudsman or a delegate, the Technical Secretary of the Commission
3. The General State Controller or a delegate
4. Three representatives of the victims in accordance with the procedures established in Title
VIII, who rotate their positions every three years.
Paragraph 1. The Committee shall meet at least once every six (6) months and submit a report to
the Congress of the Republic of Colombia within a month of initiating the legislature each year.
Paragraph 2. The Office of the State Attorney General and the General Controller Office shall
carry out monitoring activities without obstructing their constitutional and legal responsibilities as
monitoring bodies.
In addition, copies of documents stating illegal actions observed in the execution of the functions
assigned to the Committee shall be submitted to the General Prosecutor's Office.
ARTICLE 202. Executive Boards of the Senate and House of Representatives Committees shall
form a Committee including representatives of all political parties and movements in relevant
committees, who shall be in charge of monitoring the implementation of the Law, receiving
complaints about it and auditing reports requested by the State Government.
The government shall deliver a report to the Commissions referred to in this Article in the first ten
(10) days of each legislation period. Reports shall regulate the use of authority assigned by this
Law, as well as the measures aimed at improving the social, psychological and economic condition
of the victims. The Commissions shall appoint the coordinator.
ARTICLE 203. MEASURES ENSURING ACCESS. Executive Committee for Care and Reparation
to victims shall, within its jurisdiction, devise a single access to measures of humanitarian aid, care,
assistance and reparation set out by this Law, through which victims can exercise their rights.
In the same manner and in accordance with Article 30 of this Law, the Public Ministry shall make
sure that the entities that make up the National System for Comprehensive Victim Support and
Reparation implement the single access referred to above.
ARTICLE 204. The State Government shall, through the Ministry of Foreign Affairs and in
accordance with Article 30, make sure that victims referred to in this Law, situated abroad, shall be
familiar and properly informed about their rights, measures and resources they can access.
ARTICLE 205. In accordance with article 150, paragraph 10 of the State Constitution, the
President of the Republic shall be notified of the precise extraordinary powers, within six (6)
months starting from the date of adoption of this Law, in order to, by legally binding decree, issue a
regulation on the rights and guarantees for victims belonging to rural and indigenous communities,
Roma and black people, Afro-Colombians, Raizal population (islands of San Andrs, Providencia
and Santa Catalina) and Palenqueras population (San Basilio - Bolvar District) when referring to
the following:
a) The creation of the legal framework for public policy for care, comprehensive reparation and
land restitution for victims in rural and indigenous communities, Roma and black people, Afro-
Colombians, Raizal population (islands of San Andrs, Providencia and Santa Catalina) and
Palenqueras population (San Basilio - Bolvar District), in accordance with the State
Constitution, international instruments that make up the block of constitutionality, laws, court
practice, international principles of truth, justice, reparation and guarantees of non-repetition;
b) In the elaboration of legally binding norms which develop differential public policy for victims in
rural and indigenous communities, Roma and black people, Afro-Colombians, Raizal population
(islands of San Andrs, Providencia and Santa Catalina) and Palenqueras population (San
Basilio - Bolvar District), the State Government shall consult ethnic groups through authorities
and relevant organizations following the parameters of the constitutional court practice, laws
and relevant rights, with an aim to reach comprehensive implementation of fundamental rights
to consultation before making a decision (consulta previa). The methodology of the Law
(consulta previa) to be aplpied in the elaboration of legally binding norms dealing with
development of differential public policy for the victims in rural and indigenous communities,
Roma and black people, Afro-Colombians, Raizal population (islands of San Andrs,
Providencia and Santa Catalina) and Palenqueras population (San Basilio - Bolvar District),
shall be agreed between the State Government and ethnic population through authorities and
relevant organizations that represent them
Paragraph 1. Until the adoption of the legally binding norms aimed to develop differential public
policy for victims in rural and indigenous communities, Roma and black people, Afro-Colombians,
Raizal population (islands of San Andrs, Providencia and Santa Catalina) and Palenqueras
population (San Basilio - Bolvar District), norms that may affect these communities shall be
conditioned by the implementation of the right to consult these populations before making a
decision (consulta previa) on any project, program or budget that could affect them.
Paragraph 2. Extraordinary powers entrusted to the President of the Republic in this Article
relating to the development of differential public policy for care, comprehensive reparation and land
restitution for victims in rural and indigenous communities, Roma and black people, Afro-
Colombians, Raizal population (islands of San Andrs, Providencia and Santa Catalina) and
Palenqueras population (San Basilio - Bolvar District), shall be executed with the objective of
respecting cultural and material existence of these traditional peoples, and shall include their rights
as victims of grave and obvious violation of international norms of human rights and violations of
International Humanitarian Law.
Paragraph 3. The powers granted to the President of the Republic shall also include the power to
modify the structure of the Ombudsman, creating, eliminating or combining functions, with the aim
of guaranteeing and developing functions and responsibilities assigned to the institution referred to
in this Law.
ARTICLE 206. RURAL DEVELOPMENT. The State Government shall, through the Ministry of
Agriculture and Rural Development, within six (6) months from the adoption of this Law, present the
initiative to regulate rural land development, granting victims of land seizures and displacement
priority access to loans, technical assistance, property taxes adjustment and commercialization
programs, which, among others, contribute to the reparation to victims.
ARTICLE 207. Any person who requests the status of victim in accordance with the Article 3 of
this Law, who invades, uses or occupies a property for which they claimed restitution as a means
of reparation, and whose legal status in the process of restitution of sized or forcibly abandoned
land has not been resolved in terms of Articles 91 and 92 of this Law, or provisions amending,
replacing or supplementing the above mentioned articles, shall lose the benefits established in
Chapter 3 of Title IV of this Law.
The foregoing is without prejudice to the implementation of other provisions that sanction such
conduct.
NOTE: The article is declared UNCONSTITUTIONAL by the Constitutional Court, Court

ARTICLE 208. ENTRY INTO FORCE AND REVOCATION. This Law shall be valid from its
announcement and shall be in force for a period of ten (10) years; it shall recall all other decisions
which are in contradiction with it, especially Articles: 50, 51, 52 and 53 of the Law 975 of 2005.
Paragraph 1. The State Government shall present an annual report to the Republic Congress
detailing the development and implementation of this Law and the achieved objectives under its
jurisdiction.
Paragraph 2. One year prior to expiry of the validity of this Law, the Republican Congress shall
decide on its execution and implementation.
Adopted in Bogota, D.C., June 10, 2011

President of the Honorable Senate of the Republic,
Armando Benedetti Villaneda.
Secretary General of the Honorable Senate of the Republic,
Emilio Ramn Otero Dajuda.
President of the Honorable House of Representatives,

Carlos Alberto Zuluaga Daz.
Secretary General of the Honorable House of Representatives of the Congress
Jess Alfonso Rodrguez Camargo. REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT

Published and given to execution.
Adopted in Bogota, D.C., June 10, 2011

JUAN MANUEL SANTOS CALDERON
Minister of Interior and Justice

Germn Vargas Lleras.
Minister of Finance and Public Loans,

Juan Carlos Echeverry Garzn.
Minister of Agriculture and Rural Development

Juan Camilo Restrepo Salazar.
NOTE: Published in the Official Gazette 48096 of June 10, 2011.

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LAW 1448 OF 2011 (June, 10th)

Regulated by National Decree 4800 of 2011, regulated by National Decree 3011 of

THE CONGRESS OF THE REPUBLIC OF COLOMBIA

See National Decrees 4155, 4633, 4634 and 4635 of 2011

ARTICLE 9. NATURE OF TRANSITIONAL MEASURES. The State acknowledges that each

ARTICLE 16. OBLIGATION ON SANCTIONING THE RESPONSIBLE PERSONS.

Article 17. PROGRESSIVITY. The principle of progression presupposes a compromise in initiating

NOTE: The Article is confirmed as CONSTITUTIONAL by the Constitutional Court, Court

ARTICLE 20. PRINCIPLE OF DUPLE REPARATION AND COMPENSATION.

ARTICLE 21 PRINCIPLE OF COMPLEMENTARITY.

Since individual compensations, whether administrative or legal, as well as collective reparations or

1. The right to truth, justice and compensation (reparation).

ARTICLE 35. INFORMATION ON COUNSELLING AND SUPPORT.

ARTICLE 60. APPLICABLE NORMS AND DEFINITIONS. Assistance to victims of forced

See Resolution UARIV 2348 of 2012.

CHAPTER I General provisions

b. Identification, individualization, division of property under restitution, indicating their precise

m. Declaring invalid administrative acts which recognize individual or collective rights or

Paragraph 4. Ownership certificate shall be submitted on behalf of both spouses or partners,

d. If the property was partially or completely destroyed and it is impossible to reconstruct it

ARTICLE 98. COMPENSATION PAYMENT. The amount of compensation determined by the

ARTICLE 102. RETENTION OF JURISDICTION AFTER THE RULING.

SPECIAL ADMINISTRATIVE UNIT FOR LAND RESTITUTION

ARTICLE 104. OBJECTIVES OF THE SPECIAL ADMINISTRATIVE UNIT FOR LAND

ARTICLE 105. FUNCTIONS OF SPECIAL ADMINISTRATIVE UNIT FOR LAND RESTITUTION.

5. To process restitution of the misappropriated land and formalization of abandoned land by

Minister of Interior and Justice or a delegate.

Minister of Finance or a delegate.

Minister of Environmental Protection, Home and Territorial Development or a delegate.

Minister of State Defense or a delegate.

Director of the State Planning Department or a delegate.

Director of the Colombian Institute for Rural Development (Incoder).

President of the Agrarian Bank.

President of the Fund for Agricultural Financing (Finagro).

ARTICLE 110 LEGAL ADMINISTRATION OF THE SPECIAL ADMINISTRATIVE UNIT FOR

REGULATIONS FOR WOMEN IN RESTITUTION PROCESSES

ARTICLE 115 PREFERENTIAL ATTENTION IN RESTORATION PROCESSES.

ARTICLE 121. REPARATIVE MECHANISMS RELATING TO LIABILITY MANAGEMENT (DEBT).

Restitution of residential property

ARTICLE 123. MEASURES OF RESTITUTION OF RESIDENTIAL PROPERTY. Victims whose

Loan and liability

II. Exchange of property;

III. Purchase and distribution of land;

IV. Distribution and ownership of empty parcels for displaced populations;

ARTICLE 133. COURT COMPENSATION, ADMINISTRATIVE RESTITUTION AND

1. Technical or professional training for victims or their children.

ARTICLE 135. REHABILITATION. Rehabilitation as a compensation measure consists of the

The program should contain the following:

1. Proactivity. Care services should promote victim detection and outreach.

3. Free-of-charge services. Victims shall be guaranteed free-of-charge access to the services of

7. Interdisciplinarity. Mechanisms shall be established to provide services that shall be delivered

Paragraph 2. Added to Article 120, Law 1753 of 2015.

ARTICLE 138. ON STRUCTURES, FUNCTIONS AND OPERATIONS OF PSYCHOSOCIAL

In addition it is necessary to establish communication with territorial entities in accordance with

b. Publish a statement in connection with the preceding guidelines;

c. Conduct commemoration acts;

e. Public act of paying respects;

f. Construction of public monuments in the perspective of compensation for damage and

j. Diffusion of the apology and accepting responsibility by the perpetrator;

k. Investigation, trial and sanctioning of human rights violations;

l. Public recognition of the responsibility of the perpetrators of human rights violations.

ARTICLE 143. ON STATES RESPONSIBILITY REGARDING REMEMBRANCE. The States

See paragraph 2, Article 5, State Decree 4803 of 2011.

ARTICLE 145. ACTIVITIES RELATING TO HISTORICAL MEMORY. The activities of historical