La coherencia del quinto punto del acuerdo de paz firmado entre las FARC-EP y el gobierno colombiano, con la postura de la corte IDH en relación con el delito de desaparición forzada y la reparación de las víctimas

Abstract

This project analyzes the Final Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace, recently signed between the Revolutionary Armed Forces of Colombia - Army of the People (hereinafter FARC-EP) and the Colombian State; task that is carried out from a critical perspective, having as a frame of reference and legal contrast the norms of Colombian internal law (constitutional and criminal), the constitutional block, the pronouncements of the Inter-American Court of Human Rights (hereinafter I / A Court HR) in relation to the crime of enforced disappearance.

The aim is to determine whether the Peace Agreement —with the institutions that comprise it and the measures it implements— is consistent with the position that the doctrine of the Inter-American Court has established in this regard; guaranteeing the rights of reparation of the victims of forced disappearance in an effective and concrete way.

In this order of ideas, a descriptive study of the aforementioned instrument is proposed, following the guidelines of the analytical method, in order to clarify the coherence of the Peace Agreement with respect to the position of the Inter-American Court, specifically in relation to the aforementioned crime and in relation to reparation for their victims.

Based on the foregoing, the author examines the crime of enforced disappearance within Colombian legislation and jurisprudence, but not before briefly recounting the international norms that condemn him. It then analyzes the fifth point of the Peace Agreement, regarding the victims. Then it studies and synthesizes the position of the I / A Court HR regarding the criminal type in question and the protection of its victims; to finally conclude if the Peace Agreement signed with the FARC-EP - in harmony with the international doctrine of the Inter-American Court - meets the compensation expectations of those who suffered this scourge during the armed conflict in Colombia, to what extent and in what way.