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Transitional Justice in Colombia

Transitional Justice in Colombia. History Challenges Peace building. Defining Transitional Justice.

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Transitional Justice in Colombia

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  1. Transitional Justice in Colombia History Challenges Peace building

  2. Defining Transitional Justice “Transitional justice has been characterized as the study of the choices made and the quality of justice rendered when states are replacing authoritarian regimes by democratic state institutions. In almost all of these regimes gross violations of human rights took place.” (Siegel, 1998)

  3. Transitional Justice Principles • Bringing victims and offenders together • Focusing on the harm that has been caused by crime • Holding perpetrators responsible for their acts • Meeting the needs for victims’ redress • Promoting the reintegration of both victims and perpetrators • Preventing future harm by building on the strengths of the community and government

  4. Previous experiences • South Africa peace settlement with amnesties subject to Truth & Reconciliation commissions. • Northern Ireland -Good Friday agreement – release of “political” prisoners. No further prosecutions? • The case of Germany historical: post-WWII transitional justice 50 years of Vergangenheitsbewältigung. • Colombia, a transitional justice system but without the transition to peace yet.

  5. Post-Communist cases • Poland • Latvia/Estonia • Russia • Romania

  6. TRANSITIONAL JUSTICE IN COLOMBIA: CHALLENGUES

  7. Rights of victims - reparation • (1) The Compensation Fund i.e. assets and resources recovered from armed group plus government budget and private donations. • (2) The National Commission for Reparation and Reconciliation (Gov. members + Advocate General + H.R. Ombudsman + victims associations).

  8. Rights of victims • (3) Measures include restitution, compensation, rehabilitation, just satisfaction, symbolic remedies e.g. apology, public acceptance of responsibility + guarantees of non-repetition + collective measures e.g. the reconstruction of displaced communities. • (4) Relatives showing damage (psychological, physical or financial) count as victims with rights to reparation, truth and justice.

  9. Rights of victims - Truth • right to know truth about atrocities, circumstances and motives for them • right to collective memory through the preservation of archives • right of family to know the whereabouts of the victim.

  10. Right of family to know the whereabouts of the victim

  11. Rights of victims in Justice & Peace • Access to justice, to be heard, to bring evidence, & receive prompt reparation • To indicate property not handed over by D. • To have adequate safety guarantees • To bring proof of damage • Rights to legal assistance, humane treatment, translators etc

  12. Right to collective memory through the preservation of archives

  13. Confession hearings • First hearing – duty to give true & full confession on links with armed group, structure and activities. • Victims informed • Second hearing – victims can question D over each matter confessed – bring contrary proof etc.

  14. Colombia, an special case

  15. Credits • www.fiscalia.gov.co/justiciapaz/Victimas • https://www.youtube.com/watch?v=ri4iEPhkOr0&hd=1 • Peter Burbidge, Westminster University • Nordic-Baltic-Russian Network Transition Studie • XI International Symposium on Victimology Stellenbosch, final presentation.

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