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Edificio del Congreso en Bogotá al atardecer con una manifestación pacífica en la plaza
Imagen alusiva generada por EPM del Capitolio en Bogotá. · Imagen generada por EPM

Anti-Hood Bill Clears Its First Debate in Colombia's Chamber

The Chamber's First Committee approved by 21 votes to four the report on a bill that would punish with 54 to 96 months in prison and fines those who…

--- The context --- Colombia is debating how to respond to acts of vandalism committed during some demonstrations without undermining the right to protest. Within that tension, the Chamber of Representatives is considering a bill to amend the Penal Code and punish those who deliberately conceal their identity in order to commit crimes in such settings. The initiative cleared a first stage, but it is not yet law of the Republic and must still face three more debates before any final decision. --- The facts --- The First Committee of the Chamber approved the bill's positive report by 21 votes in favor and four against, in its first debate. Before that, it rejected a shelving motion from the Historic Pact and the Green Party: 21 representatives voted against shelving it and 15 in favor. The conduct it seeks to punish consists of deliberately using garments, masks, balaclavas, items or other similar means intended to prevent or hinder a person's identification, and committing acts of vandalism in a public demonstration, meeting, mobilization or public gathering. The proposed penalties are prison terms of 54 to 96 months and fines of 50 to 200 current monthly legal minimum wages. The initiative was promoted by Jaime Arizabaleta, Daniel Briceño and Miguel Ángel Pinto, of the Democratic Center; Julio César Triana, of Radical Change, and Guillermo Alvira, of the Conservative Party. --- The positions --- The rapporteur, Jaime Arizabaleta, has assured that the initiative does not seek to persecute students or the right to protest. According to him, 99 % of those who protest do not conceal their identity or engage in vandalism, but exercise that constitutional right, and he has argued that someone who wears a hood at a protest goes out to commit crimes. The Historic Pact bloc has stated that it will not allow freedoms and human rights to be trampled under the excuse of guaranteeing security, and that protesting is a right it will defend. That sector maintains criticism over the possibility of criminalizing protest. --- What remains unknown --- The bill must pass three more debates to become law. For now, no rule derived from this initiative is in force: what was approved is only the first debate in the Chamber's First Committee. --- Unanswered questions --- How will it be proven that concealing one's identity was deliberate and intended for committing a crime? What guarantees will a demonstrator who takes no part in vandalism have? Will the wording on garments and masks be made more precise in the remaining debates? How will the criticism about criminalizing protest be answered? --- EPM analysis --- The two votes show a clear majority for letting the bill continue and an organized minority that tried unsuccessfully to shelve it. The center of the discussion is the scope of a criminal response to vandalism under anonymity and the limits that response must respect. 📌 EPM Take: In EPM's view, the advance of this proposal requires looking at two dimensions at once with serious institutional care. On one hand, there is a legitimate concern about vandalism committed during public demonstrations. On the other, any new criminal penalty must define the punished conduct with precision so it does not affect the exercise of peaceful protest. The remaining process, with three debates ahead, will be decisive to clarify scope, guarantees and limits before Congress decides whether this proposal finally becomes law.
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