La importancia de implementar la investigación de análisis de contexto para crímenes de lesa humanidad perpetrados en Colombia

Abstract

In the first chapter, a brief description will be made about the origin, meaning, functions, characteristics and purposes of the criminal investigation of context analysis, as an instrument of criminal policy, and strategy of solution to the limitations in the investigation process, by part of the Ordinary Criminal Justice, in relation to the crimes against humanity perpetrated in Colombia, with the aim of overcoming the indices of impunity of said criminal conducts, and dismantling the various criminal organizations existing in Colombia, and achieving the ends of Transitional Justice and Restorative Justice in favor of its victims. In the third chapter, the various criteria for prioritizing situations and cases that have been used to investigate crimes against humanity will be announced, from International Law, and in particular by the International Criminal Tribunals, such as , the International Criminal Court, the Inter-American Court of Human Rights, the European Court of Human Rights, the American Convention on Human Rights, and the ad hoc Tribunals of International Criminal Law, within which prioritization policies have been implemented. In the third chapter, a description will be made of the criteria for prioritizing situations and cases, which have been used so far, to investigate the crimes against humanity perpetrated in Colombia, pointing out in broad terms, the deficiencies within said processes of investigation for these conducts, like crimes of high national impact, with the aim of safeguarding the rights of their victims, identifying the maximum responsible for these illegal groups, and entering to impute the consequent criminal responsibility of their behaviors. Finally, and with the purpose of demonstrating the importance of implementing this research strategy in the crimes against humanity perpetrated in Colombia, by the Directorate of Analysis and Contexts of the Office of the Attorney General of the Nation, in the fourth chapter, it will be presented the study of a case that was investigated based on this strategy, on the crime of forced displacement due to aggravated violence, in heterogeneous contest with the crime of aggravated conspiracy to commit, carried out by the Local Prosecutor's Office of Buenaventura, and the realization and analysis, of three semi-structured interviews, to officials of the Analysis 5 and Contexts Directorate, and of the Directorate of Public Policies, of the General Prosecutor's Office of the Nation, and of the Constitutional Court, who have carried out their investigations through said criminal policy strategy. Keywords: Research, context analysis, criminal policy, crimes, crimes against humanity, impunity, transitional justice, restorative justice, prioritization criteria, ordinary criminal justice, impunity, criminal behavior, transitional justice, restorative justice, prioritization criteria, mechanisms of investigation, forced displacement, victims, maximum responsible, criminal responsibility, international criminal law, international criminal tribunals, the International Criminal Court, the Inter-American Court of Human Rights, the European Court of Human Rights, the American Convention on Human Rights, ad hoc Courts of International Criminal Law, case study, aggravated conspiracy, strategy, semi-structured interviews, Office of the Attorney General of the Nation, Constitutional Court.