Colombian Reintegration Agency (ACR) Main Portal > Reintegration > Questions and Answers about the Citizen Dimension
1. What is Social Service and how is it performed?
Social Service is a requirement of the Reintegration Route and consists of a set of actions that contribute to addressing the needs or problems of the receptor communities of the demobilized population. These actions are a contribution to the generation of spaces for reconciliation between the communities and the people that are reintegrating. Every person undergoing a Reintegration Process must comply with 80 hours of Social Service.
The Person undergoing a Reintegration Process will be able to self-manage the development and implementation of the following activities, which are valid as Social Service:
· Embellishment of public spaces.
· Environmental recovery.
· Health Care support.
· Accompaniment in the supply of food to vulnerable communities.
· Generation of spaces for leisure, art, culture and sports.
· Knowledge multipliers.
· The provision of special services by the Person undergoing a Reintegration Process in accordance with his/her work.
· Other activities with prior written approval of the Colombian Agency for Reintegration (ACR).
2. Is it mandatory to perform Social Service activities? What will happen if these activities are not carried out?
Yes, complying with social service is mandatory because the Person undergoing a Reintegration Process must participate in the reconciliation and coexistence scenarios.
An unjustifiable failure to perform these activities will be considered a serious violation of the commitments acquired in the Reintegration Process.
3. Is it justifiable that, due to work reasons, the Person undergoing a Reintegration Process (PRP) has not been involved in any Social Service initiative?
It is not justifiable since all the People going through a Reintegration Process must comply with Social Service in order to complete their process. In order to coordinate the compliance of these actions without affecting their working hours, the PRP may prepare a plan with his/her Reintegration Professional or receive advice from the latter.
4. How much time must be used for Social Service?
Social Service will last eighty (80) hours with no exception.
5. In how much time may Social Service be carried out if a Person undergoing a Reintegration Process cannot join the activities established by ACR due to work reasons?
The development and implementation of Social Service actions may be self-managed in accordance with the parameters established by ACR.
The 80 hours of Social Service must be performed during the timetable of the process and according to the work plan agreed with the Reintegration Professional.
6. Once the required 80 hours are completed, when is the Social Service certificate delivered?
The certificate is delivered once the ceremony or closure of Social Service action occurs.
7. What are the current Social Service offers?
The current offers depend on the coordination of each Regional Group, i.e., the covenants reached for this process to be complied with. Many of these actions are performed in alliance with the community police, educational institutions, mayoralties, community action boards and other entities or institutions that support ACR in the generation of spaces for reconciliation.
8. What are the reasons why a Social Service action for which a Person undergoing a Reintegration Process has registered can be delayed?
There are some reasons that can affect starting the activity, for example:
· In some cases, Social Service requires a minimum amount of people and the group is not complete yet.
· The covenant may fall back, some times, for reasons related to the budget.
· The Person undergoing a Reintegration Process does not know about the initiation of the activity nor the established timelines to perform the activities.
· In some cases, People undergoing a Reintegration Process enroll and do not show up for the activity, without informing their non-attendance and therefore affecting the rest of the registered group.
9. What procedure should be followed so that the people that are complying with the Reintegration Route can perform their Social Service in any school, university, attendance center, among others?
The people interested in this option should contact the ACR offices through www.reintegracion.gov.co where the chat service is enabled. You can also call toll free line number 018000 911 516 or dial Claro/Movistar #516. You can also access information at the ACR offices.
1. What must a Person undergoing a Reintegration Process do in order to be transferred to another city?
Two types of transfer are possible within the Reintegration Process:
Voluntary: occurs when a Person undergoing a Reintegration Process informs the Regional Group his/her desire to move to another city or municipality. When this person has settled in another place, the new Regional Group assigns him/her another Reintegration Professional so he/she continues with his/her Reintegration Route.
Irregular: occurs when a Person undergoing a Reintegration Process shows up before a Regional Group in order to continue with his/her Reintegration Route without previously informing his/her former Regional Group with whom he/she was undertaking his/her Reintegration Process. This happens many times for safety reasons, which may be validated by the people responsible for the topic within ACR.
(Decree 1391 and Resolution 0754)
1. What are the contents of Decree 1391?
In this decree, the requirements, characteristics, conditions and obligations necessary for accessing the socioeconomic benefits for the demobilized population are established at a general level as well as their monetary amounts, in accordance with the limits established therein.
2. What are the contents of Resolution 0754 and what are the benefits that it grants to the People undergoing a Reintegration Process?
This resolution regulates the requirements, characteristics, conditions and obligations for the access and granting of the social and economic benefits of the Reintegration Process for the demobilized population: suspension procedure, loss of benefits and completion of the Reintegration Process.
It also provides clarity on the milestones within the Reintegration Route, sets time limits for receiving benefits, promotes the advancement in the Route (especially in terms of academic education and training for work), establishes a time limit (6 months) so that the people that finished the process can manage the economic reinsertion support and encourages employability.
(High Commissioner for Peace Office - OACP and Operational Committee for the Abandonment of Weapons - CODA)
1. How can the Collective Demobilized Person Certificate be requested?
The certificate can be requested at the offices of the Group of Humanitarian Care for the Demobilized People (GAHD) or at the High Commissioner for Peace Office, depending on the group to which the PRP belonged.
2. How to request a copy of the CODA?
The Person undergoing a Reintegration Process must contact the ACR office and request a copy of the CODA. If the document is in the files of the ACR, he/she can claim it through the assigned staff.
3. How can the correction of any error in the identity in the CODA or OACP be requested?
Depending on the type of demobilization (collective or individual), the PRP must contact the Group of Humanitarian Care for the Demobilized People calling toll free line number 01 8000 911001 or (571) 5999868, or the High Commissioner for Peace Office dialing (571) 5629300 or toll free line number 018000 913 666.
1. What must a Person undergoing a Reintegration Process do in case there is a loss of documents? Should he/she pay for this proceeding even if he/she is a demobilized person?
He/she must file a denunciation before the relevant authorities (Police, Public Prosecutor or Registrar). Once the denunciation is filed, he/she must go to the entity that files such denunciation and make the corresponding payments and procedures established by each entity.
2. What must a demobilized person do in order to request the military booklet for the first time or a duplicate? Should he pay for this procedure?
The demobilized population will receive the military booklet and the citizenship card for free, but in the case of loss they will assume the costs fixed by each entity for their replacement.
1. Why are the People undergoing a Reintegration Process called to audiences in the premises of the Public Prosecutor?
The reason is that, in the case of the People undergoing a Reintegration Process (PRP) that signed agreements under the sole format for previous verification of the requirements of Law 1424, 2010 and that committed through the Agreement for the Contribution to the Historic Truth and Reparation, the Public Prosecutor must investigate the crimes of simple or aggravated conspiracy to commit crime, unlawful use of uniforms and insignias, illegal use of transmission or receptor equipment and illegal possession of firearms or ammunition that are of exclusive use of the Armed Forces or self-defense while belonging to the organized illegal armed group.
If the demobilized person adhered to this Law, it is important that he/she acts upon the call of the Public Prosecutor, since it is the time to demonstrate his/her good behavior in the Reintegration Process and, above all, that he/she is complying with the commitments acquired under the provisions of Law 1424.
In case of not presenting himself/herself before the Public Prosecutor, the legal authorities have the possibility of ordering the Police the capture of this person, so that the diligence for which he/she was called can be carried out.
If it is another Public Prosecutor Office, different than the Demobilized Unit, he/she will have to inquire on the type of diligence for which he/she is being called for. In these cases, you will be able to count on the accompaniment of the ACR professionals.
2. What is the interrogation of the demobilized people at the Public Prosecutor premises about?
The Public Prosecutor should interrogate the People undergoing a Reintegration Process (PRP) that adhered to Law 1424, 2010, in order to prove whether the reported facts and their circumstances have the characteristics of a crime.
The interrogation stage determines if it is possible to move into the next stage of the accusatory criminal proceeding, i.e., towards the investigation stage. Otherwise, the case is filed since no merit was found to formalize the investigation. Therefore the interrogation phase is useful to the Public Prosecutor in order to establish if criminal charges are pressed or not.
3. If the Public Prosecutor summons a Person undergoing a Reintegration Process, but he/she cannot attend, can ACR help to postpone this appointment or so this procedure is carried out close to the person's domicile?
The Person undergoing a Reintegration Process may request the collaboration of the legal professional of the Regional Group Office in order to prepare a postponement request of such procedure. It is important to specify that, if he/she cannot attend the meeting at the Public Prosecutor's Office, he/she should send the postponement request before the procedure and a reasonable time limit, and mentioning the reasons for it, since his/her appearance before this authority is mandatory.
It is possible to request the commission of a Public Prosecutor Office closer to his/her residence for carrying out the procedure.
4. Why isn't the legal situation of the People undergoing a Reintegration Process defined quickly?
The Colombian Agency for Reintegration does not define the legal situation of the People undergoing a Reintegration Process. This is a responsibility of the legal entities (Public Prosecutor and Courts). The ACR performs the necessary accompaniment through its legal department so that the people respond to the calls and attend the meetings and other procedures so they can define their legal situation.
5. What must a Person undergoing a Reintegration Process do if he/she will soon finish his/her Reintegration Process and the Public Prosecutor has not defined his/her situation yet?
The Public Prosecutor has autonomy to summon and is not forced to call the People undergoing a Reintegration Process according to their advancement in their route. This entity has its own prioritization criteria.
Due to the above and through ACR's Regional Group offices, the people's active participation or completion of the Reintegration Process, the performance of Social Service and the timely presence to sign the Agreement on the Contribution to the Historic Truth and Reparation and its Appendix (as applicable) must be sought and the verification of the requirements established in Law 1424, 2010, and its regulatory decree must be done in a due manner.
6. Before which authority should a Person undergoing a Reintegration Process appear so that he/she obtains legal benefits?
The National Public Prosecutor can attend this person, according to the distribution, and depending on the armed group to which the person belonged to at the time of demobilizing and the geographic location where the person demobilized. Legal orientation can also be requested to the legal professional assigned to the Regional Group of his/her interest.
7. What will happen if a person commits a crime at the time of demobilizing or later?
When a Person undergoing a Reintegration Process commits a crime after his/her demobilization, the following can happen:
· A criminal action will be originated where the responsibility of the investigated person shall be determined.
· If, as a consequence of the criminal process carried out for a crime that occurred after demobilization, the relevant legal authority declares the accused criminally responsible, the benefits of the Reintegration Process will be lost.
· The request of the benefits established in Law 1424, 2010, will be suspended. In case there is a condemnatory sentence for a crime that is subsequent to demobilization, there will be an immediate rejection of the benefit request.
8. Can a Person undergoing a Reintegration Process leave the country?
A Person undergoing a Reintegration Process can leave the country provided that his/her legal situation allows it. It is important to point out that ACR does not perform procedures so that the person can leave the country. The person should coordinate his/her exit directly with the Ministry of Foreign Affairs. Nevertheless, when leaving the country is authorized by the National Government, after an administrative act by a relevant authority, the person may obtain an economic support of up to three hundred and twenty thousand pesos for a period of up to six (6) months.
9. Can a person undergoing a Reintegration Process register for the "Families in Action" program?
The People undergoing a Reintegration Process cannot register for the "Families in Action" program because they already belong to the Reintegration Process with ACR and, legally, can receive the benefits of only one program.
10. What is the National Center of Historic Memory?
It is a public establishment of national order, adherent to the Department for Social Prosperity (DPS) that has the purpose of gathering and recovering all the documents, oral testimonies, and through any other means, the materials related to the violations addressed in article 147 of the Law of Victims and Restitution of Lands. The information gathered by this entity will be made available to the interested people, researchers and citizens in general, through museum and educational activities and as many as necessary to provide and enhance the knowledge of the political and social history of Colombia.
For more information, access www.centrodememoriahistorica.gov.co
11. When should the People undergoing a Reintegration Process appear before the National Center of Historic Memory?
After signing the Agreement on the Contribution to the Truth, the National Center of Historic Memory, through Regional Group offices, will request the PRP to be present during the experience sharing sessions. The National Center of Historic Memory through the Directorate of Agreements on Truth (DAV) defines these times.
12. The contribution made to the National Center of Historic Memory is not judicial. What does this statement mean?
The contribution made to the National Center of Historic Memory will not cause any legal problem since this information will be systemized, filed and kept in order to prepare the reports that may be requested. The information arising within the framework of the agreements contained in Law 1424, 2010, may not, in any case, be used as a proof in a legal process against the person signing the Agreement for the Contribution to the Historic Truth and Reparation or against third parties.
13. Who declares preclusion for the People undergoing a Reintegration Process?
The judicial authorities declare the preclusion. For the case of the preclusion of the investigation, it should be noted that, in accordance with articles 77 and 78 of CPP (Law 906/04), the Prosecutor should request the Judge to declare the preclusion once the requirements provided in article 50, Law 418, 1997, are complied with. The aforementioned means after establishing that the demobilized person has incurred in a political crime (for example, rebellion) and that with his/her conduct he/she did not affect the human rights.
It is important to highlight that ACR, within its functional competence, does not define how legal benefits are granted.
14. Are reintegrated people removed from the databases of criminal precedents at any point?
According to the regulations in force, there is an expiration term of 5 years for the personal information related to disciplinary precedents (article 174, Law 734, 2002). Therefore, the owners of the personal information can request the removal of such information once the term is due as long as the database administrator has not done it as part of his/her responsibilities.
15. Will the legal precedents of the demobilized people be consulted by companies or potential employers?
Companies only have access, through the Internet, to the pages of the National Police, Attorney General and General Comptroller's Office when they require certificates before hiring.
1. Does Law 1424 absolve the people undergoing a Reintegration Process (PRP) of any sentence related to the collective demobilization?
No, Law 1424, 2010, contains transitional justice provisions that seek to guarantee the truth, justice and reparation of the victims of the demobilized people of organized illegal armed groups and enshrines certain legal benefits in favor of the people that have demobilized from these groups that: "have only incurred in the crimes of simple or aggravated conspiracy to commit crime, unlawful use of uniforms and insignias, illegal use of transmission or receptor equipment and illegal possession of firearms or ammunition that are of exclusive use of the Armed Forces or self-defense" while belonging to the organized illegal armed group.
The benefit is not an acquittal. The legal benefits consist of special measures for being free during the research stage, judgment and application of the sentence that may be imposed during the criminal process carried out against the demobilized person for the crimes set forth in article 1 of the aforementioned Law.
These legal benefits allow the demobilized people to not to be deprived from their freedom and to continue carrying out their Reintegration Process, provided that they comply with the commitments established in the Law and the Reintegration Route itself.
2. How does a Person undergoing a Reintegration Process receive the agreement of Law 1424?
For all the people that have been part of the United Self - Defense Forces of Colombia (AUC) that are active in the Reintegration Process and have signed the Sole Format for Verification, and once the precedents for crimes due to being part of the group are verified, there will be a call to sign the Agreement for the Contribution to the Historic Truth and Reparation through the lawyers of the Regional Groups with the supervision of ACR's Legal Sub-directorate of Access and Permanence.
3. How long does it take for ACR to request the legal benefit of Law 1424 before the legal authority?
ACR submits a request to the relevant authority who decides on the granting of the legal benefits set forth in Law 1424 when the entirety of the legal requirements pre-established in the regulations in force for the case are complied with. If the compliance of the requirements is partial and if the relevant legal authority requests information, a response will be provided according to the existing information in the Information System for Reintegration (SIR) and the one supplied by ACR's Regional Group offices at a national level. It is important to clarify that the legal benefits are strictly and solely granted by the judicial authority and not by ACR.
4. What are the legal sanctions for the non-compliance of the provisions of Law 1424?
In case the person undergoing a Reintegration Process does not comply with the commitments required by Law 1424, 2010, the judicial authority will revoke the granted legal benefits, reason why the person may lose his/her freedom.
5. Who is responsible for assuming the judicial defense of the demobilized people that adhere to Law 1424?
The professional lawyers of the Ombudsman Office represent them as the appointed lawyers for the technical defense of the People undergoing a Reintegration Process. This can also be done through a private attorney or one known and trusted by the individual.