Reactions to the proposal to reopen the investigation against the M-19 to uncover the truth about the Palace of Justice takeover

Throughout this week, amidst the commemoration of the 40th anniversary of the Palace of Justice takeover, the victims and today the president of the Constitutional Court, Jorge Enrique Ibáñez, raised the argument that the pardons and amnesties of the 90s do not free the M-19 from telling the truth .

The judge lamented that “ pacts of silence and amnesty laws have prevented the full truth of what happened from being known .” He recalled that the Inter-American Court has repeatedly stated that “amnesty or amnesty laws affect the international duty of States to investigate and punish serious human rights violations. Amnesty can become amnesia in the name of a supposed stability and peace .”

For some, this could lead the victims to appeal to the Inter-American Court of Human Rights to reopen the investigation. EL TIEMPO spoke with some former members of the M-19 to learn their views on this proposal to reopen the investigations .

For Everth Bustamante, uncovering the truth about what happened on November 6, 1985 is an effort that must be made by all of society .

“ As a former member or militant of the M-19, I agree that we must seek the truth, we must work for it. It is the only way that Colombians, in relation to this issue, can find spaces for reconciliation, because we must seek them . That is the path, there can be no other, beyond, of course, any legal sanctions that may be established or that may result from the corresponding investigation by the justice system,” he stated in an interview with this newspaper.

Along the same lines, he stated that he supports former President Álvaro Uribe's proposal to process a bill in Congress to grant amnesty to the military personnel who are currently convicted and under investigation for the takeover .

“An initiative of this nature must be surrounded by truth. This must be truly surrounded by truth, and the truth must come to light, both from the M-19, which instigated this criminal act of producing an inconceivable holocaust, and from those responsible for the retaking of the Palace of Justice or from the state entities that intervened in the planning or response to the takeover,” he stated.

According to political analyst Diego Arias, “ there is still a long way to go in terms of truth, which is a shared, albeit differentiated, responsibility with other actors involved . Progress will be possible in a context of genuine reconciliation, which implies ceasing to address this painful issue as a political-electoral matter, with the intention of harming the government.”

He also asserted that the government itself should pursue a legal solution to the situation of the military personnel involved in the retaking of the Palace. “ The disparity in the pardon granted to the M-19 must be resolved promptly to allow this wound to begin healing ,” he stated.

Representative José Jaime Uscátegui of the Democratic Center also reacted to this proposal: “ The M-19 has not publicly apologized for the criminal assault on the Palace of Justice. The Colombian State already did so by order of the Inter-American Court, and there have been military personnel held accountable for those acts , as is the case of General Arias Cabrales, who remains imprisoned today because, unfortunately, the Special Jurisdiction for Peace (JEP) excluded him simply for remaining silent and defending his innocence. But the truth is that the M-19 should do the same as an act of reconciliation, of truth, of honoring the victims.”

He added: “ President Petro missed a historic opportunity to heal the wounds of the Palace of Justice siege, given his own experience as a former member of the M-19 guerrilla group. He could have publicly apologized to the country and moved us closer to a process of true reconciliation . But he persists in a radical discourse that only distances us from that goal of reconciliation.”

María Alejandra González Duarte