Selección y priorizacion de delitos como estrategia de investigacion en la justicia transicional
Transitional justice is a new notion of Justice recognized internationally, which caters to the need to achieve the realization of the right to peace over justice or reparation in societies affected by conflict, massive violations of human rights and international humanitarian law. Transitional just...
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| Format: | Article |
| Language: | Spanish |
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Universidad Pontificia Bolivariana
2012
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4279951 |
| Source: | Revista Facultad de Derecho y Ciencias Políticas, ISSN 0120-3886, Nº. 117, 2012, pags. 515-579 |
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| Summary: |
Transitional justice is a new notion of Justice recognized internationally, which caters to the need
to achieve the realization of the right to peace over justice or reparation in societies affected
by conflict, massive violations of human rights and international humanitarian law. Transitional
justice is structured to process and charge the offenders by offering certain benefits to achieve
the clarity of truth, the consolidation of peace and the rule of law.
The international community has recognized this form of justice but has not stopped demanding
that the fundamental rights violations are investigated, prosecuted and repaired, and the
offenders contribute to identifying the truth of the crimes committed and receive some form
of sanction. (Constitutional Court, May 18, 2006)
In transitional justice there is tension between the right to peace and the right to justice of the
victims. It is the duty of the legislature to identify the dimensions of this tension and establish
criteria or formulas to overcome it through clear mechanisms of selection and prioritization
within the criminal investigation of those violations. The scope and content of the rights of the victims to truth, justice and reparation can be investigated
and tried in ordinary courts, or in what has been called exceptional or transitional justice. |
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