Judicial truth in transitional justice processes: A legal seal in the case of land restitution in Colombia

Abstract

Transitional justice systems are adopted around the world to seek and make a transition from the systematic violation of rights to a civil and democratic life. Truth, including that which is constructed through judicial processes, plays a fundamental role in these systems. In this article we show the experience in the construction of judicial truth in Colombia, in the context of the implementation of Law 1448 from 2011 which was designed to be a transitional justice mechanism. We base this work on the land restitution judicial sentences that have been adopted for the municipality of Tibú, Norte de Santander. We seek to show the potentialities and limitations of land restitution processes, judges and their sentences in the construction of that truth, which is fundamental for transitional justice and the construction of a stable and lasting peace. © 2019, Universidad Nacional de Colombia. All rights reserved.