1. Transitional Justice in Colombia
History
Challenges
Peace building

2. Defining Transitional Justice
“Transitional justice has been characterized as the study of the choices made and the quality of justice rendered when states are replacing authoritarian regimes by democratic state institutions. In almost all of these regimes gross violations of human rights took place.” (Siegel, 1998)

3. Transitional Justice Principles
Bringing victims and offenders together
Focusing on the harm that has been caused by crime
Holding perpetrators responsible for their acts
Meeting the needs for victims’ redress
Promoting the reintegration of both victims and perpetrators
Preventing future harm by building on the strengths of the community and government

4. Previous experiences
South Africa peace settlement with amnesties subject to Truth & Reconciliation commissions.
Northern Ireland -Good Friday agreement – release of “political” prisoners. No further prosecutions?
The case of Germany historical: post-WWII transitional justice 50 years of Vergangenheitsbewältigung.
Colombia, a transitional justice system but without the transition to peace yet.

5. Post-Communist cases
Poland
Latvia/Estonia
Russia
Romania

6. TRANSITIONAL JUSTICE IN COLOMBIA: CHALLENGUES

7. Rights of victims - reparation
(1) The Compensation Fund i.e. assets and resources recovered from armed group plus government budget and private donations.
(2) The National Commission for Reparation and Reconciliation (Gov. members + Advocate General + H.R. Ombudsman + victims associations).

8. Rights of victims
(3) Measures include restitution, compensation, rehabilitation, just satisfaction, symbolic remedies e.g. apology, public acceptance of responsibility + guarantees of non-repetition + collective measures e.g. the reconstruction of displaced communities.
(4) Relatives showing damage (psychological, physical or financial) count as victims with rights to reparation, truth and justice.

9. Rights of victims - Truth
right to know truth about atrocities, circumstances and motives for them
right to collective memory through the preservation of archives
right of family to know the whereabouts of the victim.

10. Right of family to know the whereabouts of the victim

11. Rights of victims in Justice & Peace
Access to justice, to be heard, to bring evidence, & receive prompt reparation
To indicate property not handed over by D.
To have adequate safety guarantees
To bring proof of damage
Rights to legal assistance, humane treatment, translators etc

12. Right to collective memory through the preservation of archives

13. Confession hearings
First hearing – duty to give true & full confession on links with armed group, structure and activities.
Victims informed
Second hearing – victims can question D over each matter confessed – bring contrary proof etc.

14. Colombia, an special case

15. Credits www.fiscalia.gov.co/justiciapaz/Victimas
Peter Burbidge, Westminster University
Nordic-Baltic-Russian Network Transition Studie
XI International Symposium on Victimology Stellenbosch, final presentation.