The Attorney General, Eduardo Montealegre Lynett, defended the position of the Colombian State to make sentences to most responsible for the crimes involved in the peace process that anticipates and subsequently suspended sentences.
The Attorney head position was presented at an event organized by “Vivamos Humanos” Corporation “in Bogota, which refuted the International Criminal Court Attorney position, Fatou Bensouda, in a letter that does not support transitional justice and ensures that if no effective penalties against those most responsible for crimes against humanity and other, it would be counter to the international criminal court principles.
Montealegre rejected this position and explained that his criterion is an Exegetical position (literally attached to the law) and does not review the latest approaches presented by the international law, which has welcomed a clear transitional justice.
Currently, said the judicial official, there are two positions in international criminal law. The first refers to the retributive justice, which aims to promote Bensouda, in which it is considered that the sentenced person must pay necessarily a jail sentence. Secondly, transitional justice appears as new paradigm, which considered that the State can judge and condemn the maximum ringleaders, but at the same time can impose a substitutive punishment, for example.
In Colombia, said Montealegre, the peace dialogue should be advanced in accordance with this last thesis. You can not think a sovereignty concept in accordance with the 19th century positions but take advantage of the great development of law for the 21st century.
It also expressed its full support for the possibility of a referendum to confirm the peace agreement are achieved.