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State of unconstitutional affairs (ECI) and Strategy of overcoming (SUP-ECI)


At the beginning of 2004, the Constitutional Court issued Sentence T 025, through which it declared the existence of an Unconstitutional State of Things – ECI -, due to the systematic and massive violation (of rights), product of the State’s non-compliance with its constitutional obligation of guarantee the rights of victims of forced displacement due to the internal armed conflict, and protect them in their life, honor and property; Since then, the aforementioned Corporation has been permanently and exhaustively monitoring compliance with the orders issued in Sentence T-025 of 2004, for which it has issued several writs that require the constant presentation of results in the field of design and implementation of preventive measures, protection, assistance, assistance and comprehensive reparation to victims of forced displacement, based on their contribution to the effective enjoyment of their rights, and based on this, has assessed the persistence or overcoming of the ECI.

The commitment of the National Government to victims of forced displacement realized and materialized with the issuance of Law 1448 of 2011, a norm that brought with it an institutional re-engineering process and strengthened the State’s capacity to sustain a policy of attention, assistance and reparation to victims.

For the National Government, the restoration and guarantee of rights of the victims is a priority issue, for this reason, the Unit for Comprehensive Care and Reparation for Victims as coordinator of the National System of Attention and Reparation for Victims -SNARIV- and of the execution and implementation of the Public Policy of Prevention, Protection, Attention, Assistance and Comprehensive Reparation, leads the strategy by means of which it is sought to ensure that the conditions that gave rise to this state of affairs progressively improve, with the ultimate goal of ensuring the effective enjoyment of rights of victims of forced displacement.

What we do in the Constitutional Court Advisory Team for the response to the Court in the framework of monitoring compliance with Judgment T-025 of 2004

Within the framework of the functions granted to the Victims Unit by Decree 4802 of 2011, it is established that, through the Interinstitutional Management Directorate – DGI as an articulating agency among all entities of the National System of Comprehensive Care and Reparation Victims – SNARIV, the entity must carry out the necessary actions to prepare the reports and respond to the requirements formulated by the Judicial Branch and control bodies on attention, assistance and integral reparation to the victims (article 14, numeral 5).

In this sense, the Interinstitutional Management Division through the Constitutional Court Advisory Team, in conjunction with the Legal Advisory Office – OAJ, is responsible for monitoring the development of work of the Constitutional Court in the process of evaluating progress in the overcoming of the ECI declared by the Sentence T-025 of 2004, attending its requirements, leading the formulation, preparation, consolidation and presentation of the reports ordered on behalf of the National Government to the Constitutional Court.

However, it is important to mention that this Advisory Team not only advances the actions necessary for preparation of reports ordered by the Court in the framework of follow-up to the mentioned sentence, but also, the design and implementation of the strategy of overcoming the State of Things Unconstitutional -CI- of the situation of the population displaced by armed conflict.

For the process of preparing reports on compliance with the orders of the Court, the DGI has a procedure that begins with the notification to the Victims Unit of the follow-up to Sentence T025 of 2004 and culminates with the socialization of the Report filed before the Constitutional Court to the entities of the National System of Attention and Integral Reparation to Victims – SNARIV and agenciess of the Victims Unit that have participated in its construction, and the transfer to the control bodies when so ordered.

The Constitutional Court team has a management file that allows centralizing the information related to (i) the statements made by the Constitutional Court, (ii) the different reports presented by the Unit and the Government in compliance with the orders and (iii) the follow-up of the commitments and actions for compliance with the orders.  








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