La posibilidad de considerar al narcotráfico como delito político conexo a la luz de la ley 1820 de 2016

Abstract

This paper analyzes article 23 of Act 1820 of 2016, that sets the criteria for the inclusion and exclusion of significant conducts as political offenses in specific cases for the granting of the so-called Chamber‘s Amnesty, which has been constitutionally assigned to the Chamber of Amnesties and Pardons of the Special Jurisdiction for Peace (JEP). In this respect, the present text starts with a introductory reflection that glimpses the relations given between armed conflict and drug trafficking in the recent history of Colombia. Then it goes to review thoroughly the content and the normative scope of article 23 of the so-called Amnesty Act, with the purpose of clarifying and supporting the possibility that within the framework of the processes that are advanced in the JEP, it can be considered to drug trafficking as a related political crime in the resolution of specific cases that would not have erga omnes effects. However, it is made clear that in no case may crimes related to drug trafficking be elevated to the category of a political crime for the purpose of granting de Jure Amnesty