Equidad en la ley de víctimas y restitución de tierras y en la ley de justicia y paz

The following article is presented as the result of the research done by the Public Policies research novices at the Law Faculty, Universidad la Gran Colombia Armenia headquarters”. The aim is to analyze equity and guarantees given to the victims by the 1448, 2011 Law and to the victimizers through...

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Bibliographic Details
Main Authors: Garcia, Daniela, Ríos Sarmiento, Melissa
Format: Article
Language:Spanish
Published: 2013
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5657612
Source:Inciso, ISSN 1794-1598, Vol. 15, Nº. 1, 2013, pags. 141-158
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Summary: The following article is presented as the result of the research done by the Public Policies research novices at the Law Faculty, Universidad la Gran Colombia Armenia headquarters”. The aim is to analyze equity and guarantees given to the victims by the 1448, 2011 Law and to the victimizers through the 975, 2005 Law towards the effective fulfillment of their Rights and Obligations. In this regard, we will proceed to identify in the first place, the causes that originated the emergence of illegal armed groups, its evolution through history and the attempts of Colombian the State to fight their actions. In the conclusions it will be evidenced how guarantees offered to both sides of the armed conflict don´t reflect equity though they impose greater burdens on the victims who are subjected to forgive the unforgivable, adding to it, the lack of guarantees to its integral reparation and the effective fulfillment of their right to the truth, justice, and reparation. In turn, the postulants to the Law of Justice and Peace can easily embrace the benefits of alternativity of the penalty even facilitating the substitution of the precautionary incarceration measurement for a non incarceration measurement to the point of allowing the fulfillment of the penalty abroad, far away from the country that suffered the consequences of the internal armed conflict. Nowadays, a new peace process forwarded by the actual government with FARC leaders is expected with great hope. In such a context peace and national reconciliation is expected from the peace iniciative.