Justicia transicional: aristas problémicas del acceso a la justicia.
Fecha
2022-10-06Registro en:
Hernández, M.(2022). Justicia transicional: Aristas problémicas del acceso a la justicia. Tesis de maestría. Universidad Santo Tomás. Tunja.
reponame:Repositorio Institucional Universidad Santo Tomás
instname:Universidad Santo Tomás
Autor
Hernández Sánchez, Martín
Institución
Resumen
Transitional justice, synonymous with dilemmas that States must fase, common according to international experience, in those that adopt a series of political and legal mechanisms and institutions that allow them to judge the perpetrators, guarantee the rights of victims to the truth, justice and reparation, in order to overcome serious violations of human rights and international humanitarian law or the search for democratic regimes, one of these problems being access to justice. Each event is unique, different from the others, given the cultural, social, political, economic conditions of each State, it is unfeasible to transfer it to another, without considering its conditions. In Colombia, the signing of the agreement for the termination of the armed conflicto, between the government and the FARC EP guerrillas, provided for the implementation of the Special Jurisdiction for Peace, wich through Recognition Rooms, Definition of Legal Situations, the Appeals Section of the Tribunal for Peace, through a dialogical procederé; through reports from civil society , from other jurisdictions, especially the ordinary criminal one, the participation of the victims and the contribution of those appearing, a restorative dialogic truth can be built. In order to determine the treatment of the victims, the obstacles to guarantee Access to justice, such as the success of the JEP experience, through a documentary theoretical Exploration, with the deductive method, the review of scientific articles such as the study of provisions of the Special Jurisdiction for Peace. The results of the investigation show that treatment given to those appearing depends on the fulfillment of the commitment to contibute to the truth, and muste ven exceed the judicial threshold of ordinary criminal proceedings, coupled with respect for the rights of the victims, to obtain benefits or exclusión from the system.
Keywords: Transitional justice, human rights, international humanitarian law, JEP, victims, participation, appearing parties.