Indemnización como medida de reparación judicial colectiva en justicia transicional. Estudio de los casos de homicidio según sentencia proceso 200681366 del 29 de junio de 2014 (masacre de Mampuján) - anteproyecto
Parra Zuluaga, German Andrés
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AbstractIn this degree work, it is proposed to fulfill the purpose of reviewing how the Colombian Government has been developing the public policy of reparation to the victims of the armed conflict through the application of a transcisional justice mechanism, through reparation to victims, in law 1592 of 2012, in the special criminal justice process modified by law 975 of 2005. Some considerations will be made on the background of this measure, which establishes that the effectiveness pursued by the regulations because it is a public policy really aimed at stopping the victimization suffered by part of the National population, This text seeks to contribute to the reflection on that moment that started this process of reparation of victims, before adopting the corresponding decision, the Court deems it indispensable to refer to the historical framework within which the conducts subject to prosecution had development. This process, with the purpose of facilitating the full understanding of its severity and incidence in the communities affected by them. So in this investigation, cases will be used; where this sentence is proffered on June 29, 2010 the Knowledge Room of the Superior Court of Justice and Peace handed down sentence to two of the few former paramilitary leaders who still remain in the country: Édward Cobos Téllez, 'Diego Vecino', and Úber Banquez, 'Juancho Dique', leaders of the Héroes de Montes de María and Canal del Dique blocks, for the massacre of 11 peasants and the displacement of 300 families in Mampuján on March 10 and 11, 2000. Through this highly anticipated sentence, as it could be the first firm in the Justice and Peace process, which is why it would be expected that it would not be appealed. However, and to everyone's surprise, because of the different expectations that it generated, especially in its stage of reparations and sentence, this ruling was appealed by institutions such as the Attorney General of the Nation and the Attorney General of the Nation, as well as by the defenders of victims. The bases of the appeals revolved around the imposition of burdens on the Office of the Attorney General of the Nation, such as the creation of a special sub-unit for the identification and pursuit of assets of the postulates, which may be headed by third parties, of former congressmen condemned and investigated by the so-called "parapolitics" and the former commanders of the deceased AUC who are at the head of their heirs. Likewise, the appeals requested the annulment of the proceedings from the Incident of Reparation until the sentence, since obligations were imposed on the State, in its different institutions, without it being linked to the process, which is why it was not heard. nor was he defeated in judgment. Another of the arguments was based on individual harm, which would not be discussed further since criteria for civil and administrative jurisdiction have been sufficiently developed in these matters and only the damage, the causal link and the operative event should be demonstrated. of the same. However, the reparations are so extensive that one can ask if there really is a reason for the representatives of the victims to appeal, while in the second instance they will not have a better result in terms of individual reparation, let alone the collective one. . For what I think it would be better for you to withdraw the appeal. On the other hand, as for the appeals of the other institutions, it could be said that they lack a legal basis and are purely formalism, which after five years of Justice and Peace. On the other hand, it must also be limited to where the role of a repair complies with collectively compensating a community, and to what extent it intends to supply the obligations of a Social Rule of Law, as is the provision of basic services for the Colombian population.