Formación de Recurso Humano para la Ctel: Proyecto ejecutado con investigadores en empresas, industrias y Estado
El fortalecimiento de la participación de las víctimas ante la Jurisdicción Especial para la Paz – JEP – en Colombia
Fecha
2019-08Autor
Camelo, Heyder
Bonilla Piratova, Elsa
Portilla Benavides, Ana Cristina
Ramelli Arteaga, Alejandro
Noguera Sánchez, Helber
Marín Ortiz, Iris
Institución
Resumen
The rights of victims, as an interpretative principle and as an obligation of the State in terms of protection and guarantee, has been centralized - more precisely and recently - in the framework of transitional justice. In other words, each of the instruments, policies, regulations and procedures that have been designed and implemented within the framework of transitional justice in Colombia are proclaimed guided by the ProVictima principle; that is, guaranteeing and protecting the rights of victims; among others, truth, justice, comprehensive reparation and guarantees of non-repetition. Each of these instruments has generated and facilitated spaces for the participation of victims and their organizations, not only so that the procedures are transparent, but also so that the participation of victims is efficient and allows social control over the actions of the State.
Well, both the “Final Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace, signed between the Colombian State and the FARC-EP”, as well as the constitutional reforms and the laws promulgated on the occasion, express that the centrality of the victims is essential and that their participation in the different sources and scenarios must be guaranteed by the State. The agreement and its normative corpus created an Integral System of Truth, Justice, Reparation and Non-repetition, integrated by the Commission for the Clarification of Truth, Coexistence and Non-repetition (hereinafter CEV); the Missing Persons Search Unit (UBPD) and; the Special Jurisdiction for Peace (JEP). The purpose of the latter is to investigate, prosecute and punish people who, for complying with the requirements established in the regulation, committed crimes related to the internal armed conflict prior to the signing of the agreement. It is expected that, within the framework of the investigation, prosecution and punishment, the victims and the organizations that represent them can participate.
Upon such expectation, there are challenges and opportunities that must be identified, described and analyzed.