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Capitolio Nacional de Colombia al atardecer, edificio de piedra con columnas y bandera colombiana sobre una plaza vacía
El Capitolio Nacional de Colombia al atardecer, sede del Congreso que aprobó la Ley de Sometimiento. · Imagen generada para EPM

Petro to Sue Submission Law Signed by President Abelardo

President Abelardo de la Espriella signed the Submission Law, made official as Law 2640, and former president Gustavo Petro announced a lawsuit challenging its…

--- The context --- Colombia has spent years searching for a judicial path to dismantle high-impact criminal organizations without opening the door to political negotiations with those who practice violence. The Submission Law belongs to that debate. It modifies provisions of the Public Order Law and extends the validity of Law 418 of 1997, without recognizing political status for members of those structures or allowing political negotiations with them. --- The facts --- President Abelardo de la Espriella signed the law on Wednesday, November 4, before the deadline for doing so expired, and the measure was made official as Law 2640. The next day, on Thursday, November 5, former president Gustavo Petro announced that he will file a lawsuit against the legislation and instructed his lawyer to submit it that same day, to challenge its constitutionality. The text sets a minimum of 10 years of effective deprivation of liberty for ringleaders and six years for collaborators. It provides reductions of up to 50% for rank-and-file members and up to 30% for commanders, under conditions such as effective collaboration with justice and the handover of assets obtained illicitly. The law also orders the loss of benefits for those who hide information about disappeared persons. The measure includes transition-to-legality programs under the coordination of the Agency for Reincorporation and Normalization, with participation by the ministries of Labor and Education and training by the National Learning Service. It also includes territorial transformation measures to replace illegal economies with lawful activities, addressing conduct such as illegal mining, deforestation and illegal logging. In Congress, the House of Representatives approved the bill with 95 votes in favor and 10 against, through a mirror vote that adopted the Senate text, where it had received 57 votes in favor and 24 against. Article 25, on the resources of the National Fund for Security and Citizen Coexistence, was removed with 78 votes after questions about direct and reserved contracting with those resources. --- The positions --- Petro questioned the judicial benefits for members of criminal organizations and, according to his statement, described the initiative as a form of coddling drug traffickers. He argued, in the terms he himself put forward, that the legislation represents benefits for those who committed serious crimes and that, in his view, it will not pass constitutional scrutiny. He also argued that the controversy over his private life should not displace discussion of the law. President Abelardo de la Espriella defended the signing and argued that the law does not represent privileges or impunity. According to his position, those who take up the mechanisms must confess their crimes, repair the victims, hand over their illegal fortunes and answer to justice. Representative Jaime Raúl Salamanca Torres noted that several of his proposals were accepted and warned that questions remained about resources and deadlines for repairing victims. --- What remains unknown --- The text of the announced lawsuit is not yet known, nor are the specific charges of unconstitutionality that Petro's legal team will invoke, nor which authority will hear the case first. It remains to be seen how the transition-to-legality programs will operate, what guarantees will exist against possible pressure in parole processes, and how resources for victim reparations will be secured. --- Unanswered questions --- What exact arguments of unconstitutionality will the lawsuit announced by Petro invoke? How long will the competent authority take to rule on Law 2640? How will victim reparations and the effective handover of illicit assets be guaranteed in practice? --- EPM analysis --- Every submission law walks between two demands: offering a real exit that dismantles criminal structures and not turning that exit into a reward for those who committed serious crimes. Law 2640 seeks to hold that balance with effective minimum sentences, verifiable conditions and loss of benefits for anyone who hides information about disappeared persons. Having its constitutionality examined by the corresponding authority is part of institutional functioning. 📌 EPM Take: In EPM's view, the lawsuit announced by Petro should be read for what it is at this stage: an announcement of constitutional review over a newly signed law, not a judgment on its content. Law 2640 requires real submission, with confession, reparations for victims, the handover of illegal fortunes and effective minimum sentences for ringleaders and collaborators, and that level of demand deserves to be assessed with the full text on the table. Examination by the competent authority will define whether the benefits conform to the Constitution, and in the meantime the institutional obligation is to apply the law rigorously, without impunity and with victims at the center of every decision.
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