The Attorney General, Eduardo Montealegre Lynett, emphasized that the guerrilla members who have committed political offenses and are subject to the peace process should be allowed to participate in politics.
Therefore, the Attorney General requested the Constitutional Court to declare enforceable in the
legal framework of peace, the rule that will allow demobilized members their future participation in politics. Regarding the problem that arises concerning related offenses, Montealegre pointed out that the Congress, through statutory law, must be the one who determines which are the punishable offenses that are associated to political offenses.
In his approach, the Attorney General asked the Court “to declare constitutional the paragraph that allows the demobilized guerrillas members to participate in politics. I think that one of the main basis of peace process would be that they can democratically participate in politics and create a political party, once they lay down weapons”
The central idea for the Attorney General would be that the Constitution allows the participation and that a Statutory Law establishes which would be the related offenses.
With this proposal, the Attorney General explained that he further requested the exclusion of the paragraph related to perpetual punishments and absolute prohibitions by means of a declaration of unconstitutionality. Otherwise, the opportunity to participate in politics is closed and contradicts the Constitutional Principles such as right to peace and right to participation in politics.
Likewise, he proposed “in the case of convictions against demobilized individuals for crimes against humanity, these people can participate in politics as an act of kindness of all the Colombian society. I disagree that someone who has been punished for crimes against humanity lose his/her political right, “said Montealegre Lynett.