El falso testimonio: Brechas jurídicas y su impacto a los derechos humanos en el sistema Nacional e Interamericano.

Abstract

The text reflects on the problems generated by perjury in the national and international judicial spheres, highlighting its impact on human rights at the inter-American level and the legal difficulties in addressing it. In Colombia, perjury is punishable under criminal law, but its application is limited to the national territory, and an investigation can only be initiated through extraterritoriality or a special request from the Attorney General. This is only possible if the offender is present within the national territory. At the international level, the European Court of Human Rights implicitly mentions perjury in the European Convention on Human Rights, but does not sanction or punish it in any way. In the Americas, the Inter-American Court of Human Rights (IACHR), in its rules of procedure, only requires informing national states about perjury and does not establish any mechanism for addressing or imposing any sanctions. The impact of perjury is ultimately evident in the human rights to justice and truth, generating the need for a national and international debate to address legal gaps and thus guarantee effective protection of human rights through the proper administration of justice by the Inter-American Courts. Finally, we will examine cases within the Inter-American regional system where human rights were violated, or where there was revictimization and even impunity for individuals or nations as a result of perjury.