Glossary entry

Spanish term or phrase:

postulado

English translation:

\"Postulado\" amnesty candidates

Added to glossary by Heather Hayes
Aug 16, 2020 15:08
3 yrs ago
57 viewers *
Spanish term

postulado

Spanish to English Law/Patents Law (general) Colombia
En Colombia, los "postulados" son los procesados como parte del proceso de paz. ¿Cómo traducen esto? Defendant, accused party, candidate...

Discussion

Toni Castano Aug 23, 2020:
@Heather Thank you for your prompt answer. As I said, that answer was wrong, fully, since it left out the "guerrilleros". This being said, you have the right to choose what you deem as "most helpful", certainly, either if I agree or not. Thanks again for your feedback. The issue is clear to me.
Heather Hayes (asker) Aug 23, 2020:
What you said was my only issue with the answer which is why in the glossary entry I had eliminated the word “paramilitary.”
Toni Castano Aug 23, 2020:
@Heather I am absolutely surprised at the final outcome of this KudoZ. Do you happen to mean that the "guerrilleros" do not belong to the group of potential candidates for "postulación"? I would be very grateful if you could clarify this. Thank you.

Proposed translations

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1 hr
Selected

"Postulado" paramilitary amnesty candidates

Generally seems to be left in Spanish, but requires clarification.

"To begin with, the information provided by the postulados (former paramilitaries suspected of crimes that are to benefit from the JPL) has served to illustrate the extent of the paramilitary violence, and reveal the economic and political dimensions of paramilitarism. It has also exposed, at least partially, the network of relationships that these armed groups had constructed throughout the decades with state agents, members of the armed forces and politicians, among other powerful actors. The paramilitaries have confessed to more than 40,000 crimes affecting 51,000 people, including nearly 1,000 massacres, 25,000 murders, and more than 3,500 forced disappearances involving more than 1,400 state agents."

ICTJ | Transitional Justice Mechanisms in Colombiawww.ictj.org › subsites › colombia-timeline › index_eng
The Colombian Congress passed Law 975 of 2005 as a judicial accountability mechanism for the serious human rights violations committed by various ...
Peer comment(s):

disagree Toni Castano : This suggestion leaves out the "guerrilleros". Where are they? // https://www.semana.com/nacion/articulo/justicia-paz-los-para... Hope it´s clearer now. // Exactly, and "postulado" includes both of them.
8 mins
You should have read the reference I have posted, which refers to these combatants as "paramilitaries" not "guerrillas" , a word not included in the question/Yes, it is clear they are two separate types of fighter.
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4 KudoZ points awarded for this answer. Comment: "Thanks so much! This was very helpful and my Colombian colleagues found it to be the closest to their understanding of the term in Spanish."
+1
1 hr

Ex-combatant availing him/herself of the Justice and Peace Law

In other words, the “postulados” are the demobilized fighters and applicants for benefits under the Colombian Peace and Justice Law of 2005 (see please first link of The Center for Justice and Accountability below). To understand the idea of “postulados” one needs to know what the Colombian Justice and Peace Law (official name is Law 975 of 2005) means. This Law sets the legal framework to ease the demobilization of paramilitaries and also the guerrilla groups in the country.

The final decision whether the candidates are eligible or not for the benefits corresponds to the Colombian Ministry of Justice (see second link).

This link explains the legal process in full:
https://cja.org/where-we-work/colombia/related-resources/col...
Applicants for benefits under the Justice and Peace Law must offer versiones libres, or voluntary depositions, in which applicants freely confess all crimes committed. Voluntary depositions are taken in two sessions. First, the demobilized fighter presents his or her version of the facts, including the date, place, motive, other perpetrators or participants, the victims, and any other information that will clarify the crimes that he or she committed as a member of an illegally armed group, as well as to indicate all illegally gained property and goods, which are to be delivered to the Reparation Fund.
n the second session, a prosecutor interrogates the applicant to extract more information. At this stage, victims or their representatives and the public attorney may request clarifications or verifications of facts, present evidence, and report anything relevant to the conduct in question. After making a statement, the demobilized fighter is brought before a judge to ensure that he or she is formally charged within 36 hours. [13]

Here you will find the “oficial” definition of the term:
https://www.fiscalia.gov.co/colombia/justicia-transicional-2...
Consulta postulados
Postulados
El carácter especial del proceso de Justicia y Paz reglado por la Ley 975 de 2005 (reformada por la Ley 1592 de 2012) implica que su inicio tiene lugar en la remisión de la “lista de postulados” mediante la cual el Ministerio de Justicia presenta como elegibles al procedimiento y a los beneficios establecidos en dicha ley a las personas que hayan pertenecido a un grupo armado organizado al margen de la ley (GAOML), que hayan decidido desmovilizarse de manera individual o colectiva y hayan solicitado su postulación.


Peer comment(s):

agree Antonella Perazzoni
23 hrs
Thank you, Antonella.
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1 hr
Spanish term (edited): (Col) postulado

(paramilitary) pre-trial / committal-stage defendant

Perhaps a euphemism for a political-prisoner defendant - echoes of PM Maggie T's war on the IRA and the 'dirty protest.'

In this case, I think the US Am. term of a criminal confederate is the idea.

Proceso de paz: justice of the peace : Magistrates' Court-level in E&W (parties: prosecution vs. defendant or accused : used interchangeably, albeit questionably cf. a defendant of a private prosecution, in ENG law of evidence textbooks) and Sheriff Court in Scotland (Lord Advocate vs. accused / defender is a civil party).

'Colombia’s transitional justice has a seemingly clear mission, to prosecute former members of the FARC and of the military who committed war crimes during the 52-year-long conflict. But another party keeps popping up every now and then, giving the Special Jurisdiction for Peace recurring headaches: the paramilitaries.'
Example sentence:

El postulado a la Ley de Justicia y Paz debe realizar una confesión completa y veraz sobre los hechos delictivos cometidos durante y con ocasión de su pertenencia al grupo armado organizado al margen de la ley-----

*None of the paramilitary defendants went to trial* > Postulados a Justicia y Paz podrán beneficiarse con la JEP. Combatientes de las Autodefensas Unidas de Colombia (Auc) en 2001.

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