Abstract

CORTES-RODAS, Francisco. The Political Place of Justice and Truth in Transitional Justice in Colombia. Estud. Polit. [online]. 2017, n.50, pp.216-235. ISSN 0121-5167.  https://doi.org/10.17533/udea.espo.n50a12.

The author provides a contextual reading of the concept of transitional justice, with the purpose of emphasizing on other elements in the discussion as forgiveness and responsibility, and to better articulate the legal and moral phenomenon that have been discussed unilaterally in recent transitional processes. It is important to highlight how problematic Colombia’s transitional justice process would result if the juridical and political dimensions were not balanced with the moral dimension. The juridical dimension is fundamental and there must be a punishment for those who are responsible of serious crimes, but it is necessary to adopt a non-retributive vision of punishment. To develop the elements of this controversy, the question posed is: in the conditions of the political negotiation in Colombia, is the application of regular penal justice possible? In the last part, there will be an analysis on the claims made by the opposition, according to which said process constitutes nothing more than a policy of impunity. This is done through the reconstruction of the Legal Framework for Peace and the Agreement on the Conflict’s Victims.

Keywords : Transitional Justice; Retributive Justice; Peace Process; Colombia.

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