'Victims' rights - national proceedings' in document 'Colombia - Law No. 975'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER I
Principles and definitions

Article 4. Right to truth, justice, and reparations and due process. The process of national reconciliation made possible by this law should promote, in every case, the right of the victims to the truth, justice, and reparations, and respect the rights to due process and judicial guarantees of those persons who are prosecuted.

Article 5. Definition of victim. For the purposes of this law, the victim is understood to be a person who individually or collectively has suffered direct harm such as temporary or permanent injuries that cause some type of physical, psychological, or sensory disability (visual and/or hearing), emotional suffering, financial loss, or infringement of his or her fundamental rights. The harm must be the consequence of actions that were in violation of the criminal law, by illegal armed groups.
In addition, the victim shall be understood to refer to the spouse, or common-law spouse, and relatives in the first degree of consanguinity, or first civil, of the direct victim, when the victim was killed or is disappeared.
The status of victim is acquired independent of whether the perpetrator of the criminal conduct has been identified, apprehended, prosecuted, or convicted, and without consideration of any family relationship between the perpetrator and the victim.
In addition, victims shall also include the members of the armed forces and National Police who have suffered temporary or permanent injuries that cause some type of physical, psychological and/or sensory disability (visual or hearing), or infringement of his or her fundamental rights, as a consequence of the actions of a member or members of the illegal armed groups.
In addition, victims shall include the spouse, common-law spouse, and relatives within the first degree of consanguinity, of the members of the armed forces and National Police who have lost their lives in undertaking acts in service, that were service-related, or outside of service, as a result of the acts carried out by a member or members of the illegal groups.

CHAPTER I
Principles and definitions

Article 7. Right to the truth. The society, and especially the victims, have the inalienable, full, and effective right to learn the truth about the crimes committed by illegal armed groups, and to know the whereabouts of the victims of kidnapping and forced disappearance.
The investigations and judicial proceedings to which this law applies should promote an investigation into what happened to the victims of such conduct, and inform the family members of the relevant findings.
The judicial proceedings instituted as of the entry into force of this law shall not preclude the future application of other non-judicial mechanisms for reconstructing the truth.

CHAPTER III
Procedural principles

Article 15. Clarification of the truth.
The Office of the Attorney General shall see to the protection of the victims, witnesses, and expert witnesses it intends to present at trial. Protecting the witnesses and expert witnesses the defense intends to present shall be entrusted to the Office of the Human Rights Ombudsperson. Protecting the judges who sit on the Superior Judicial District Courts that are to preside over the trials shall be a responsibility of the Superior Council of the Judiciary.

RELEVANT ROME STATUTE PROVISIONS

Article 68
Protection of the victims and witnesses and their participation in the proceedings
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.