El delito de desaparición forzada en la justicia transicional

Abstract

This work presents the crime of forced disappearance in Transitional Justice, taking into account that this execrable crime undermines the freedom and integrity of individuals, is one of the most serious, recurrent and systematic practices that violate Human Rights and the International Law of Human Rights, against the civilian population in the armed conflict in Colombia since approximately the seventies. Colombian law unlike other countries, considers as responsible for the crime of enforced disappearance not only state agents, but also individuals who subject another person to deprivation of liberty whatever the form, followed by concealment and the refusal to recognize such deprivation. Consequently, the State has recognized the international agreements and treaties signed against forced disappearance. However Colombia created Law 975 of 2005 Justice and Peace Law, legal framework that governs the process of demobilization and reintegration of armed groups outside the law, regulating the investigation, prosecution, punishment and judicial benefits for the commission of crimes as the forced disappearance of persons typified in the Colombian Criminal Code. By virtue of the constitutionality block, this "transitional legislation" is subject to international human rights treaties ratified by Colombia. The Justice and Peace Law establishes an exceptional criminal judicial procedure, whose unique legal route from the demobilization to the sentence in which the reparation of the victims is decreed. The forced disappearance can be investigated by the Transitional Justice by the groups of the Revolutionary Forces of the FARC.