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Recinto del Senado de Colombia visto desde los escaños, con senadores de espaldas en una mesa curva de madera con documentos y micrófonos
Debate en el Senado sobre el plazo de cierre de la JEP. · Imagen generada para EPM

Senate opens debate on ending the JEP in March 2028

The Senate First Committee approved in a first debate Enrique Gómez's reform to limit the Special Jurisdiction for Peace (JEP) to ten years and move pending…

--- The context --- The Special Jurisdiction for Peace, known as the JEP, is the judicial component created to try the most serious crimes of the Colombian armed conflict. Its work is tied to victims' rights to truth, justice, reparation and guarantees of non-repetition, and to legal certainty for those who appear before its chambers and sections. --- The facts --- The Senate First Committee approved, in the first debate on October 28, the constitutional reform promoted by Senator Enrique Gómez. The vote recorded 11 votes in favor and none against, with opposition lawmakers absent. It is only the first of the eight debates required, so the proposal is still in process and has not been approved. The text proposes a maximum, non-extendable period of ten years, counted from the start of operations of all its chambers and sections. Under that limit, the JEP would end its functions in March 2028 and pending cases would move to the ordinary courts. The current framework also provides a later stage of five years, extendable under certain conditions. --- The positions --- Gómez, of the National Salvation Movement, argues that transitional justice should be preserved, but with pending matters handled by the ordinary courts. During the discussion he questioned the jurisdiction's spending, contracting and resolution times, and centered his defense on setting a limit to its duration. The JEP warned that a closure in March 2028 could leave investigations and trials unfinished and put victims' rights at risk. It also questioned eliminating the trial stage and pointed to a possible impact on the guarantee of the natural judge. Senator Carolina Corcho raised concerns about constitutional guarantees and the legal certainty of those who appear before the jurisdiction. --- What remains unknown --- The project provides that final decisions and evidence already produced would keep their effects if cases are transferred, and that the change alone would not impose harsher conditions. Even so, it is unclear how continuity would be preserved in the most complex proceedings or what would happen with Colombia's international commitments. --- Unanswered questions --- How many proceedings would still be pending in March 2028 if the limit advances? Could the ordinary courts take them on without delays or loss of continuity? What concrete guarantees would victims and those appearing before the jurisdiction have during the transfer of the case files? --- EPM analysis --- The discussion will continue on November 4 at a forum with victims, magistrates of the high courts, signatories of the Peace Agreement and other participants. That exchange may provide elements the first debate did not resolve, because the initial vote moved the process forward but did not clear up the practical effects of closing the jurisdiction on a fixed date. 📌 EPM Take: In EPM's view, no closure of the JEP should be measured by the calendar alone. If Congress advances through the remaining debates, the central discussion will have to be the effective protection of victims, the continuity of the most serious proceedings and legal certainty for those who appear before the jurisdiction. A deadline can be legitimate, but its value will depend on the transfer to the ordinary courts not turning the end of the jurisdiction into the start of new delays and postponed rights.
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