Colombian Criminal Justice In Crisis
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Colombian Criminal Justice In Crisis
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Author : E. Restrepo
language : en
Publisher: Springer
Release Date : 2001-12-10
Colombian Criminal Justice In Crisis written by E. Restrepo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-12-10 with Political Science categories.
Most people believe that criminal justice in Colombia is rife with impunity and corruption. Elvira María Restrepo delves beneath such beliefs to reveal a system driven at a fundamental level by fear and distrust from outside the system itself. With the present difficulties in the country tantamount to a state of irregular war, the judiciary is in crisis. It has to contribute to the construction of peace and the reconstruction of trust, or perish.
Colombian Criminal Justice In Crisis
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Author : Elvira María Restrepo
language : en
Publisher:
Release Date : 2003
Colombian Criminal Justice In Crisis written by Elvira María Restrepo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.
Colombian Criminal Justice In Crisis
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Author : E. Restrepo
language : en
Publisher: Palgrave Macmillan
Release Date : 2001-12-10
Colombian Criminal Justice In Crisis written by E. Restrepo and has been published by Palgrave Macmillan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-12-10 with Political Science categories.
Most people believe that criminal justice in Colombia is rife with impunity and corruption. Elvira María Restrepo delves beneath such beliefs to reveal a system driven at a fundamental level by fear and distrust from outside the system itself. With the present difficulties in the country tantamount to a state of irregular war, the judiciary is in crisis. It has to contribute to the construction of peace and the reconstruction of trust, or perish.
The Crisis In Colombia
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Author : United States. Congress. House. Committee on Government Reform. Subcommittee on Criminal Justice, Drug Policy, and Human Resources
language : en
Publisher:
Release Date : 2000
The Crisis In Colombia written by United States. Congress. House. Committee on Government Reform. Subcommittee on Criminal Justice, Drug Policy, and Human Resources and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with History categories.
Democratic Governance And The Rule Of Law
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Author : Gabriel Marcella
language : en
Publisher: Strategic Studies Institute
Release Date : 2009
Democratic Governance And The Rule Of Law written by Gabriel Marcella and has been published by Strategic Studies Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Technology & Engineering categories.
The 2009 Failed States Index identifies many nations as being in danger of becoming failed states--in fact, two-thirds of the world's states are critical, borderline, or in danger of becoming just that. Failed states do not possess the necessary conditions to have truly sovereign governments that meet the needs of their populations. Colombia garnered a rating of 89 on the 2009 Failed States Index, just below that of Kyrgyzstan. It has experienced conflict for decades and as the author observed, was a 'paradigm for a failing state' in that it was replete with terrorism, kidnapping, murder, corruption, and general lawlessness. But today it is much safer through the imposition of the Rule of Law. The author addresses the rule of law and its impact on Colombia.--Publisher description.
Victims Rights In Flux Criminal Justice Reform In Colombia
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Author : Astrid Liliana Sánchez-Mejía
language : en
Publisher: Springer
Release Date : 2017-07-13
Victims Rights In Flux Criminal Justice Reform In Colombia written by Astrid Liliana Sánchez-Mejía and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-13 with Law categories.
Contributing to the literature on comparative criminal procedure and Latin American law, this book examines the effects of adversarial criminal justice reforms on victim’s rights by specifically analyzing the Colombian criminal justice reform of the early 2000s. This research focuses on the production, interpretation, and implementation of rules and institutions by exploring how different actors have employed the concept of victims and victims’ rights to promote their agendas in the context of criminal justice reforms. It also analyzes how the goals of these agendas have interplayed in practice. By the early 2000s, it seemed that the Colombian criminal justice system was headed towards a process characterized by broader victim participation, primarily because of the doctrine of the Constitutional Court on victims’ rights. But in 2002, the Colombian Attorney General promoted a more adversarial criminal justice reform. This book argues that this reform represented a sudden and unpredicted reversal of the Constitutional Court’s doctrine on victim participation, even though one of the central justifications for the reform was the need to satisfy human rights standards and adhere to the jurisprudence of the Constitutional Court on victims’ rights. In the criminal justice reform of the early 2000s and its subsequent modifications, the promotion of a dichotomous interpretation of the adversarial model—which conceived the criminal process as a competition between prosecution and defense—served to limit victim participation. This study examines how conceptions of victims’ rights emerged out of the struggles between different and at times competing agendas. In the Colombian process of reform, victims’ rights have been invoked both as a justification for criminal sanctions and as an explanation for crime prevention and restorative justice. After assessing quantitative and qualitative data, this book concludes that punitive approaches to victims’ rights have prevailed over restorative justice perspectives. Furthermore, it argues that punitiveness in the criminal justice system has not resulted in more protection for victims. Ultimately, this research reveals that the adversarial criminal justice reform of the early 2000s has not substantially improved the protection of victims’ rights in Colombia.
The Search For Accountability And Transparency In Plan Colombia Reforming Judicial Institutions Again
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Author :
language : en
Publisher: DIANE Publishing
Release Date :
The Search For Accountability And Transparency In Plan Colombia Reforming Judicial Institutions Again written by and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Plan Colombia
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Author : Luz Estella Nagle
language : en
Publisher:
Release Date : 2002
Plan Colombia written by Luz Estella Nagle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Colombia categories.
The Study Of Plan Colombia
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Author : United States. Congress. House. Committee on Government Reform. Subcommittee on Criminal Justice, Drug Policy, and Human Resources
language : en
Publisher:
Release Date : 2002
The Study Of Plan Colombia written by United States. Congress. House. Committee on Government Reform. Subcommittee on Criminal Justice, Drug Policy, and Human Resources and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with History categories.
The Role Of Transitional Justice In The Midst Of Ongoing Armed Conflicts
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Author : Rosario Figari Layús
language : en
Publisher: Universitätsverlag Potsdam
Release Date : 2010
The Role Of Transitional Justice In The Midst Of Ongoing Armed Conflicts written by Rosario Figari Layús and has been published by Universitätsverlag Potsdam this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Between 2002 and 2006 the Colombian government of Álvaro Uribe counted with great international support to hand a demobilization process of right-wing paramilitary groups, along with the implementation of transitional justice policies such as penal prosecutions and the creation of a National Commission for Reparation and Reconciliation (NCRR) to address justice, truth and reparation for victims of paramilitary violence. The demobilization process began when in 2002 the United Self Defence Forces of Colombia (Autodefensas Unidas de Colombia, AUC) agreed to participate in a government-sponsored demobilization process. Paramilitary groups were responsible for the vast majority of human rights violations for a period of over 30 years. The government designed a special legal framework that envisaged great leniency for paramilitaries who committed serious crimes and reparations for victims of paramilitary violence. More than 30,000 paramilitaries have demobilized under this process between January 2003 and August 2006. Law 975, also known as the “Justice and Peace Law”, and Decree 128 have served as the legal framework for the demobilization and prosecutions of paramilitaries. It has offered the prospect of reduced sentences to demobilized paramilitaries who committed crimes against humanity in exchange for full confessions of crimes, restitution for illegally obtained assets, the release of child soldiers, the release of kidnapped victims and has also provided reparations for victims of paramilitary violence. The Colombian demobilization process presents an atypical case of transitional justice. Many observers have even questioned whether Colombia can be considered a case of transitional justice. Transitional justice measures are often taken up after the change of an authoritarian regime or at a post-conflict stage. However, the particularity of the Colombian case is that transitional justice policies were introduced while the conflict still raged. In this sense, the Colombian case expresses one of the key elements to be addressed which is the tension between offering incentives to perpetrators to disarm and demobilize to prevent future crimes and providing an adequate response to the human rights violations perpetrated throughout the course of an internal conflict. In particular, disarmament, demobilization and reintegration processes require a fine balance between the immunity guarantees offered to ex-combatants and the sought of accountability for their crimes. International law provides the legal framework defining the rights to justice, truth and reparations for victims and the corresponding obligations of the State, but the peace negotiations and conflicted political structures do not always allow for the fulfillment of those rights. Thus, the aim of this article is to analyze what kind of transition may be occurring in Colombia by focusing on the role that transitional justice mechanisms may play in political negotiations between the Colombian government and paramilitary groups. In particular, it seeks to address to what extent such processes contribute to or hinder the achievement of the balance between peacebuilding and accountability, and thus facilitate a real transitional process.