Colombia’s armed conflict victims of the now-defunct FARC guerrilla and the military are awaiting the first ruling by the Special Jurisdiction for Peace (JEP), the transitional justice tribunal that judges crimes committed during the armed conflict.
After nearly nine years since its creation, the JEP will hand down next week its first rulings in two sensitive cases: one against the last leadership of FARC for kidnappings committed during the war, and another against a group of soldiers for extrajudicial executions known as “false positives.”
Whatever the outcome of the ruling is, next week will mark a historic moment in Colombia. Beyond exposing the country’s recent history in all its rawness, it should be an opportunity for the difficult reconciliation of a nation exhausted by violence and brutality.
Victims seek truth and justice in first ruling against FARC and the military in Colombia
Next week, the tribunal of JEP will announce its first two rulings: one against the last leadership of Revolutionary Armed Forces of Colombia (FARC) guerrilla for more than 21,000 kidnappings, and another against a group of soldiers accused of “false positives.”
The victims’ expectations are immense. Both those harmed by the defunct guerrilla and those affected by the criminal actions of the military are demanding exemplary sentences, but above all, truth about the events.
In 2016, when then-President of Colombia Juan Manuel Santos signed the historic Havana Peace Accord with the most powerful and oldest guerrilla group in the Americas, the FARC, a tribunal was created under the premises of transitional justice, as had previously been done in other countries that had endured armed conflict.
The main pillar of these tribunals is uncovering the truth and repairing the victims, and that is precisely the goal of JEP in Colombia, nearly nine years after its establishment.
Nevertheless, from the victims’ side, calls for truth remain predominant, and dissatisfaction with the progress of the trials is widespread among many of the parties involved.
At the same time, the hope that these proceedings will help Colombia understand its own history and allow the nation to build a shared future in peace — without forgetting what happened — emerges in many of the victims’ testimonies.
FARC before history for 21,000 kidnappings in Colombia
The first ruling, to be handed down in the coming days, centers on one of the most painful aspects of the conflict: the more than 21,000 kidnappings claimed by the last leadership of FARC. The Peace Accord established that the organization’s leaders would be the ones facing charges, exempting the rank-and-file from legal consequences.
However, prison sentences are not expected, since the fundamental objective of JEP is to determine whether the accused have complied with their commitments to truth, reparations, and non-repetition.
Among the thousands kidnapped by the insurgent group during the armed conflict, the case of the 12 deputies of the Valle del Cauca regional assembly in April 2002 stands out. On that occasion, guerrillas disguised as soldiers entered the San Luis Palace in the heart of Cali and transported the officials on buses. Later, 11 of them died in captivity, while only one survived.
Carolina Charry, daughter of deputy Carlos Alberto Charry, spoke about what she expects from the judicial decisions. In an interview with local magazine Semana, she said: “We hope it will be the maximum sentence, that these alternative sanctions are truly serious and genuinely contain reparative measures toward the victims. This is not about giving more benefits to the FARC leadership; it’s about repairing the victims of these atrocious acts we have suffered.”
On the other hand, another relative of one of the kidnapped and later murdered deputies expressed dissatisfaction with the progress of the trial. “To the former FARC leadership and JEP I would say that the process of establishing the truth has been too much for them. The victims are still missing the truth they sought in their right to reparations. What has been done so far is not enough, and I hope these sanctions are not so lenient,” she said in statements also collected by the same local outlet.
Colombian Army soldiers tried for 130 extrajudicial executions
At the same time, JEP will issue another ruling against a group of 12 soldiers from the same battalion for 130 extrajudicial executions, a crime admitted by the defendants themselves. These events took place in various municipalities of Colombia’s Caribbean region more than 20 years ago.
One of the victims was Jesus Emilio Marquez, murdered in 2002 after leaving his home in the department of Cesar. Paramilitaries handed over his body to members of that military unit and then reported it as a combat kill. This practice, common in those years, is known in Colombia as a “false positive,” since the deceased was falsely presented as a guerrilla member killed in combat in exchange for military rewards and benefits.
Semana also spoke with representatives of the victims of the military. In this regard, Monica Marquez, sister of the victim, said that her family hopes “these sanctions will help ensure these acts will never repeat, because they devastated our family. In my case, they affected my parents with illness. I hope the sanctions raise awareness among those responsible, help build trust in institutions, and allow the victims to feel that our suffering was not in vain.”
She also shared her experience as a participant in the JEP proceedings, highlighting her hope that the judicial process will help Colombia confront its own recent history, no matter how painful.
“The path through JEP has been difficult, full of painful memories, but also a space where I have been allowed to raise my voice. Since I was accredited with JEP, I have participated with the hope that the truth will come to light, that the story of my brother and of so many victims will not remain in silence,” she said in the same interview.
An opportunity to overcome Colombia’s complex armed conflict
Colombia’s armed conflict has shaped the nation’s history for more than six decades. Its origins go back to the mid-20th century, when deep social inequalities, lack of access to land, and political exclusion created fertile ground for violence. In this context, guerrilla groups emerged, among them the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN), which claimed to fight for social justice through armed struggle.
Over time, other players entered the scene. From the 1980s onward, drug cartels became a key factor in the conflict, financing illegal groups and fueling violence. In the 1990s, the United Self-Defense Forces of Colombia (AUC), a paramilitary group that claimed to fight the guerrilla, emerged, but they engaged in serious human rights violations, even greater than those committed by the guerrillas.
The Colombian state, through its military and police forces, has also been a central player. While it sought to regain territorial control, thousands of cases of abuses committed by state agents have been documented, such as the notorious “false positives.”
The majority of victims, however, have been civilians. According to official figures, more than 9 million people have suffered displacement, murder, kidnapping, or forced disappearance. Peasants, Indigenous communities, and Afro-Colombians have borne the heaviest burden of a war that has left more than 450,000 dead.
Today, despite advances such as the 2016 peace agreement signed with FARC, violence has not disappeared. Guerrilla dissidents, criminal groups, and especially drug trafficking continue to fuel violence and suffering in Colombia. Nevertheless, the JEP tribunal should serve as a starting point for the long road toward a full and lasting peace in Colombia.