Commission for the Clarification of Truth, Coexistence and Non-Repetition

DL-009 Sentence: C-017/18 Standard: Decree Law 588 / 2017

The Constitutional Court found the formal requirements for the issuance of Decree Law 588 of 2017 fulfilled.   Regarding the material control of constitutionality, the Court considered as thematic axes: (i) the right to the truth (of the victims in particular and of society in general, as an autonomous right and guarantee for the realization of other rights and constitutional rights, and as a right that can be guaranteed judicially and extrajudicially); (ii) truth commissions on comparative experiences (role, mandate, purposes and essential aspects of their functioning); (iii) the constitutional framework of the CEV, (iv) the principles of the public function, and (v) the constitutional standards on access to public information. Likewise, in the analysis of constitutionality of the articles, the Court took into consideration the margin of configuration of the extraordinary legislator for peace, in particular, taking into account that the regulation analyzed intends to guarantee the right to the truth and to implement essential contents of the System Integral of Truth, Justice, Reparation and Non-Repetition, foreseen in the Final Agreement.

The Court held that the norm is in accordance with the Constitution, except in aspects related to access to information, which it declared to be constitutionally conditioned. Likewise, it declared unconstitutional the articles related to the establishment of absolute absences of the commissioners by the internal regulations and, regarding the existence of a special commission for the application of the disciplinary regime to the commi.ssioners.