Common use of Special Investigation Unit Clause in Contracts

Special Investigation Unit. for the dismantling of criminal organisations and criminal acts that are responsible for or that bring about homicides and massacres that attack human rights advocates, social movements or political movements or that threaten or attack persons taking part in the implementation of the accords and peacebuilding, including criminal organisations that have been labelled as successors of paramilitarism and their support networks. In an end-of-conflict scenario and with the aim of ensuring the effectiveness of the fight against criminal organisations and their support networks, including those which have been labelled as successors of paramilitarism, which represent the greatest threat to the implementation of the accords and the construction of peace, the National Government shall drive forward the measures necessary for the creation and start-up, within the framework of the ordinary jurisdiction, of a Special Investigation Unit for the dismantling of criminal organisations and their support networks, including the criminal organisations that have been labelled as successors of paramilitarism, in accordance with what has been established in number 74 of section 5.1.2 of the Agreement on the Comprehensive System for Truth, Justice, Reparations and Non- Recurrence. The Unit will be maintained for the period of time necessary for it to conclude its mandate. Its mandate shall involve the investigation, prosecution and indictment of the criminal organisations and behaviours responsible for homicides, massacres or systematic violence, particularly against women, or that threaten or act against persons who participate in the implementation of the accords and peacebuilding, including the criminal organisations that have been labelled as successors of paramilitary groups and their support networks. The Special Unit, through the performance of its functions within the ordinary jurisdiction, shall contribute to the achievement of the objectives of the Justice and Peace Law (Ley de Justicia y Paz) and the Special Jurisdiction for Peace. Insofar as it will help to strengthen justice and contribute to dismantling the organisations that have been labelled as successors of paramilitarism, it shall in turn guarantee non-recurrence of the paramilitary phenomenon, prevent the perpetration of new human rights violations and thereby help to build a stable and long-lasting peace. This Special Investigation Unit shall have the following features: • It shall be created outside of the Special Jurisdiction for Peace. It shall be part of the ordinary jurisdiction and the country’s Office of the Attorney General (Fiscalía General de la Nación). The Unit shall decide what is necessary for it to function and shall decide the formation of its working and investigation groups, and in these areas shall promote the effective participation of women. It shall also have the autonomy to decide its lines of investigation, carry these out and undertake action before the respective jurisdiction. • The Director of the Unit shall be responsible for taking decisions with respect to any function or jurisdiction of the Unit, with it being possible for the Director to delegate said responsibilities, in full or in part, to other public servants attached to the Unit. • The Unit shall investigate, accumulate cases where this is within its jurisdiction and if appropriate shall file charges and indictments before the ordinary jurisdiction or before the jurisdiction for Justice and Peace, provided that the statutory time limit for applications has not expired. The Unit may request before the competent body the accumulation, at the court of higher instance, of the judicial jurisdictions for all the offences committed by the criminal organisation, within the respective jurisdiction. • The Unit shall perform its duties without replacing the ordinary duties of the country’s Office of the Attorney General (Fiscalía General de la Nación) before the jurisdiction for Justice and Peace (Justicia y Paz) or before the ordinary jurisdiction and will work in close coordination and collaboration with the other units of the Office of the Attorney General and with the Attorney General (Fiscal General de la Nación), always retaining its powers. • The Unit’s Director must be a lawyer, meet transparency and technical suitability criteria and have experience in the field of criminal investigations and must have demonstrated results in the fight against organised crime. He/she shall be appointed for a period of 4 years. The Director of the Unit shall be subject to the incapacity and incompatibility rules for civil servants of the country’s Office of the Attorney General (Fiscalía General de la Nación). Under no circumstances may the Director of the Unit be removed from office due to deficiencies that are not deemed serious in accordance with the current disciplinary rules. Any disciplinary procedures which are brought against the Director of the Unit shall be heard at sole instance by the National Disciplinary Commission. • This Unit shall deploy its investigation capacity with a territorial-based, equity-based and gender-based approach, in order to tackle the threat, with an emphasis on areas where there is a convergence of variables that endanger the communities and the construction of peace, prioritising the investigation of structures of organised crime which are within its jurisdiction. • It shall have a special unit of the Judicial Police composed of specialist officers from the Office of the Attorney General (Fiscalía General de la Nación) and the Judicial Police of the National Police, experts in a range of subjects, who must have knowledge of the development and establishment of organised crime organisations, including knowledge of the paramilitary phenomenon and the criminal organisations that have been labelled as successors of paramilitarism. Said officers should have knowledge of gender-based violence and justice. The Director shall have the operational command over the officers of the Technical Investigation Unit assigned to his/her Unit and the operational command over the other officers of the Judicial Police assigned thereto. • The public servants forming the Unit shall be selected by the Director, applying the special mechanisms for selection, incorporation and monitoring of the performance of the officers, prioritising high standards of transparency, effectiveness in civil service. • As an operating basis, this Unit shall take a multidimensional investigative approach which deals with the entire criminal chain of the organisations and conduct that are the subject of its mandate, including criminal conduct affecting women, children and adolescents. • In order to ensure it performs its duties with high standards of efficiency, the Unit shall have at its disposal sufficient resources and budget for its operations. The funding for the operation of the Unit shall come from the National General Budget and international aid. The allocation provided by the National Government for this purpose shall be included on a mandatory basis in the annual budget of the Office of the Attorney General (Fiscalía General de la Nación) which will be subject to the approval of Congress and specifically intended for the Unit. The resources will be used according to the plan drawn up by the Director, without prejudice to the legally established controls. The Unit may request extraordinary funds from the state or international aid and in the latter case may negotiate and receive international funds for its operations. The Unit may conclude international cooperation agreements in order to strengthen the achievement of its mandate. • The Investigation Unit shall periodically submit reports to the National Commission on Security Guarantees in relation to its progress and results. • Upon request by the Unit, the country’s Office of the Attorney General (Fiscalía General de la Nación), in coordination with the National Government, may apply to the European Union for the sending of a temporary support mission to strengthen the Unit’s capabilities in the fight against organised crime and ensure the adoption of international best practice, without prejudice to the additional international aid that the Unit may request via the country’s Office of the Attorney General. • It shall have access to all the judicial information available that it requires for its investigations, including the information that resides in or has been transferred to other units of the Office of the Attorney General (Fiscalía General de la Nación), especially the Unit for Justice and Peace. It may make use of the mechanisms for access to documents and sources of information provided for the Special Jurisdiction for Peace (Item 69 of the Agreement on the Special Jurisdiction for Peace). • The Unit shall ensure legal discretion in the performance of its functions and shall take the measures necessary to protect witnesses and victims in need of such protection. • The Director of the Unit will be elected by the Attorney General (Fiscal General de la Nación) from a list of three candidates proposed by the selection and appointment mechanism of judges and other judicial officers of the Special Jurisdiction for Peace enshrined in Item 68 of the Special Jurisdiction for Peace and developed in section 5.3 of the Final Agreement to End the Conflict called the Supplementary agreement on the Comprehensive System for Truth, Justice, Reparations and Non-Recurrence. Upon completion of the mandate of the first Director of the "Special Investigation Unit for the dismantling of criminal organisations responsible for homicides and others (...)", referred to in Item 74 of the Agreement for creation of the Special Jurisdiction for Peace and developed in section 3.4.4 of the Final Peace Agreement, the successive directors of this unit will be chosen by the Attorney General from a list of three proposed by the judges in the Tribunal for Peace of the Special Jurisdiction for Peace.

Special Investigation Unit. for the dismantling of criminal organisations and criminal acts that are responsible for or that bring about homicides and massacres that or which attack human rights advocates, social movements or political movements or that threaten or attack persons taking part in the implementation of the accords and peacebuildingmovements, including the criminal organisations that have been labelled as successors of paramilitarism and their its support networks, and for the prosecution of criminal conduct that threatens the implementation of the accords and the construction of peace. In an end-of-Within the framework of ending the conflict scenario and with the aim of ensuring the effectiveness of the fight against criminal organisations and their support networks, including those which have been labelled as successors of paramilitarism, which represent the greatest threat to the implementation of the accords and the construction of peace, the National Government shall drive forward the measures necessary for the creation and start-up, within the framework of the ordinary jurisdiction, of a Special Investigation Unit for the dismantling of criminal organisations and their support networks, including the criminal organisations that have been labelled as successors of paramilitarism, in accordance with what has been established in number 74 of section Item 5.1.2 of the Agreement on the Comprehensive System for Truth, Justice, Reparations and Non- RecurrenceNon-Repetition. The Unit will be maintained for the period of time necessary for it to conclude its mandate. Its mandate shall involve the investigation, prosecution and indictment of the criminal organisations and behaviours responsible for homicides, massacres or systematic gender-based violence, particularly against womenor which attack human rights advocates, social movements or political movements, including the criminal organisations labelled as successors of paramilitarism and its support networks, and the prosecution of criminal conduct that threaten or act against persons who participate in threatens the implementation of the accords and peacebuilding, including the criminal organisations that have been labelled as successors construction of paramilitary groups and their support networkspeace. The Special Unit, through the performance of its functions within the ordinary jurisdiction, shall contribute to the achievement of the objectives of the Justice and Peace Law (Ley de Justicia y Paz) and the Special Jurisdiction for Peace. Insofar as it will help to strengthen justice and contribute to dismantling the organisations that have been labelled as successors of paramilitarism, it shall in turn guarantee non-recurrence repetition of the paramilitary phenomenon, prevent the perpetration of new human rights violations and thereby help to build a stable and long-lasting peace. This Special Investigation Unit shall have the following features: • It shall be created outside of the Special Jurisdiction for Peace. It shall be part of the ordinary jurisdiction and the country’s Office of the Attorney General (Fiscalía General de la Nación)Public Prosecutor’s Office. The Unit shall decide what is necessary for it to function and shall decide the formation of its working and investigation groups, and in these areas shall promote the effective participation of women. It shall also have the autonomy to decide its lines of investigation, carry these out and undertake action before the respective any jurisdiction. • The Director of the Unit shall be responsible for taking decisions with respect to any function or jurisdiction competence of the Unit, with it being possible for the Director to delegate said responsibilities, in full or in part, to other public servants attached to the Unit. • The Unit shall investigate, accumulate cases where this is within its jurisdiction competence and if appropriate shall file charges and indictments before the ordinary jurisdiction or before the jurisdiction for Justice and Peace, provided that the statutory time limit for applications has not expired. The Unit may request before the competent body the accumulation, at the court of higher instance, of the judicial jurisdictions competences for all the offences committed by the criminal organisation, within the respective jurisdiction. • The Unit shall perform its duties without replacing the ordinary duties of the country’s Public Prosecutor’s Office of the Attorney General (Fiscalía General de la Nación) before the jurisdiction for Justice and Peace (Justicia y Paz) or before the ordinary jurisdiction and will work in close coordination and collaboration with the other units of the Office of the Attorney General and with the Attorney General (Fiscal General de la Nación), always retaining its powersjurisdiction. • The Unit’s Director must be a lawyer, meet transparency and technical suitability criteria and have experience in the field of criminal investigations and must have demonstrated results in the fight against organised crime. He/she shall be appointed for a period of 4 6 years. The Director of the Unit shall be subject to the incapacity and incompatibility rules for civil servants of the country’s Office of the Attorney General (Fiscalía General de la Nación)Public Prosecutor’s Office. Under no circumstances may the Director of the Unit be removed from office due to deficiencies that are not deemed extremely serious in accordance with the current disciplinary rules. Any disciplinary procedures which are brought against the Director of the Unit shall be heard at sole instance by the National Disciplinary Commission. • This Unit shall deploy its investigation capacity with a territorial-based, equity-based and gender-based approach, in order to tackle the threat, with an emphasis on areas where there is a convergence of variables that endanger the communities and the construction of peace, prioritising the investigation of structures of organised crime which are within its jurisdictioncompetence. • It shall have a special unit of the Judicial Police composed of specialist officers from the Public Prosecutor’s Office of the Attorney General (Fiscalía General de la Nación) and the Judicial Police of the National Police, experts in a range of subjects, who must have knowledge of the development and establishment of organised crime organisations, including knowledge of the paramilitary phenomenon and the criminal organisations that have been labelled as successors of paramilitarism. Said officers should have knowledge of gender-based violence and justice. The Director shall have the operational command over for the officers of the Technical Investigation Unit CTI assigned to his/her Unit and the operational command over for the other officers of the Judicial Police assigned thereto. • The public servants forming the Unit shall be selected by the Director, applying the special mechanisms for selection, incorporation and monitoring of the performance of the officers, prioritising high standards of transparency, effectiveness and awareness in civil serviceapplication of the gender-based approach in public practice. • As an operating basis, this Unit shall take a multidimensional investigative approach which deals with the entire criminal chain of the organisations and conduct that are the subject of its mandate, including criminal conduct affecting women, children and adolescents. • This Unit shall make use of context analysis methodologies, taking into account the judicial experience accumulated over recent years, without prejudice to the possibility of using new analysis methodologies, including a gender-based perspective. • In order to ensure it performs its duties with high standards of efficiency, the Unit shall have at its disposal sufficient resources and budget for its operations. The funding for the operation of the Unit shall come from the National General Budget and international aid. The allocation provided by the National Government for this purpose shall be included on a mandatory basis in the annual budget of the Public Prosecutor’s Office of the Attorney General (Fiscalía General de la Nación) which will be subject to the approval of Congress and specifically intended for the Unit. The resources will be used according to the plan drawn up by the Director, without prejudice to the legally established controls. The Unit may request extraordinary funds from the state or international aid and in the latter case may negotiate and receive international funds for its operations. The Unit may conclude any international cooperation agreements agreement in order to strengthen the achievement of its mandate. • The Investigation Unit shall periodically submit reports to the National Commission on Security Guarantees in relation to its progress and results. • Upon request by the Unit, the country’s Office of the Attorney General (Fiscalía General de la Nación)Public Prosecutor’s Office, in coordination with the National Government, may apply to the European Union for the sending of a temporary support mission to strengthen the Unit’s capabilities in the fight against organised crime and ensure the adoption of international best practice, without prejudice to the additional international aid that the Unit may request via the country’s Office of the Attorney GeneralPublic Prosecutor’s Office. • It shall have access to all the judicial information available that it requires for its investigations, including the information that resides in or has been transferred to other units of the Office of the Attorney General (Fiscalía General de la Nación)Public Prosecutor’s Office, especially the Unit for Justice and Peace. It may make use of the mechanisms for access to documents and sources of information provided for the Special Jurisdiction for Peace (Item number 69 of the Agreement on the Special Jurisdiction for Peace). • The Unit shall ensure legal discretion in the performance of its functions and shall take the measures necessary to protect witnesses and victims in need of such protection. • The Director of the Unit will be elected by the Attorney General (Fiscal General de la Nación) from a list of three candidates proposed by the selection and appointment mechanism of judges and other judicial officers of the Special Jurisdiction for Peace enshrined in Item 68 of the Special Jurisdiction for Peace and developed in section 5.3 of the Final Agreement to End the Conflict called the Supplementary agreement on the Comprehensive System for Truth, Justice, Reparations and Non-Recurrence. Upon completion of the mandate of the first Director of the "Special Investigation Unit for the dismantling of criminal organisations responsible for homicides and others (...)", referred to in Item 74 of the Agreement for creation of the Special Jurisdiction for Peace and developed in section 3.4.4 of the Final Peace Agreement, the successive directors of this unit will be chosen by the Attorney General from a list of three proposed by the judges in the Tribunal for Peace of the Special Jurisdiction for Peace.