Abstract

GOMEZ ISA, Felipe. Justice, truth and reparation in the Colombian peace process. Rev. Derecho Estado [online]. 2014, n.33, pp.35-63. ISSN 0122-9893.

One of the main challenges facing the peace process between the Colombian government and the FARC-EP is how to secure peace while at the same time guaranteeing the victims' rights to justice, truth and reparation. In July 2012 the Colombian Congress adopted a Legal Framework for Peace, a package of transitional justice mechanisms designed to facilitate negotiations, prevent impunity for the serious crimes committed by the different actors (guerrillas, paramilitary groups and State actors) and provide guarantees to the victims. Under the Framework, the principles of prioritisation and selection are to be applied to the bringing of criminal proceedings, in other words, for deciding in which situations and on the basis of which criteria some offences may be prioritised over others and even whether the criminal investigation might focus solely on the main perpetrators of war crimes, crimes against humanity and genocide. This is the minimum threshold that should be demanded of both the Colombian State (and especially the Armed Forces) and members of the farc Secretariat. The Legal Framework for Peace also provides for the establishment of a Truth Commission to shed light on the extremely serious crimes committed in Colombia and leaves in the State's hands a number of important instruments that allow a flexible approach to be taken with regard to the punishment of crimes committed by the different armed actors. The granting of such benefits will be subject to those being demobilised making significant contributions towards achieving lasting peace and securing truth and reparation for the victims.

Keywords : Peace process in Colombia; impunity; transitional justice; human rights; Legal Framework for Peace.

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