Los delitos de lesa humanidad y la aplicación del principio de oportunidad

Abstract

Colombia has suffered the ravages of a cruel and bloody war, which has left in its wake, as a result of systematic and widespread attacks, many victims; nationals who have been subjected to different practices now considered crimes against humanity, they demand and require the government and society in general true reconciliation, allowing work on the construction of a new social fabric, where prevail compliance laws. Today the country faces, with concern, an institutional crisis generated by the same internal conflict that has permeated all spheres of public life, preventing development and social cohesion in accordance with the guiding principles of the rule of law. In compliance with international regulations, working for the defense of human rights, notably violated as a result of the crimes against humanity that have been perpetrated without regard to the country, which today can appreciate a weak and ineffective management justice for ordinary results in impunity from the law. Without ignoring the intent, which links the Colombian justice Transitional Justice, saying that it can not provide, by any means, those who have committed crimes against the humanity, receive benefits, exempting them of their responsibility, as explicitly and clearly is in Article 324 of the Code of Criminal Procedure, paragraph 3 In any case the prosecutor may make use of the principle of opportunity when it comes to events that can entail violations serious breaches of international humanitarian law, crimes against humanity or genocide in accordance with the provisions of the Rome Statute, and drug trafficking and terrorism. It requires, therefore, bring victims and perpetrators to truth, justice, reparation and guarantees of non-repetition, providing for it and deserved the respective sanction for criminal behavior developed.