Análisis de la reparación del daño y justicia restaurativa para las personas desaparecidas en Colombia

Abstract

The problem of enforced disappearances, with both psychosocial and legal impact, has been a global concern for years. In Colombia, this offence was officially recognized only in 2000, before that it was treated as kidnapping or other offences. Despite the State's obligation to guarantee rights such as truth, reparation, justice and non-recurrence, many cases go unpunished over the years.

This paper is focused on analyzing the effectiveness of search and justice measures, as well as the application of Law 1448 of 2011 in Colombia, which seeks to redress victims of the internal armed conflict, including enforced disappearances. Although legislative measures such as the Urgent Tracing Mechanism and the establishment of protocols to identify victims had been adopted, cases still persisted and impunity was common.

The "escombrera", considered the largest mass grave in Latin America, which represents an example of the struggle of the families of victims of enforced disappearance, demonstrates the complexity and urgency of tackling this problem comprehensively and effectively, which is the very purpose of the creation of a Victims' Law, but which, unfortunately, has not been satisfactorily achieved so far. That is why, today, families and all those who were part of the circle of disappeared persons continue to speak out and call for the reparation to which they are entitled.