El deber de investigar la conducta de los desmovilizados, una obligación del estado y un derecho de las victimas

Abstract

The process of transitional justice in Colombia has found difficult to resolve the legal status of those called "privates" belonging to armed groups outside the law which are not related to the ‘justice and peace’ law. The State has adopted rules of internal law which constitute undercover amnesties with a high level of impunity and even worse, while a clear framework of application is not defined regarding to participants and crimes, these could become a violation of the rules of international law; the state gives in the duty to investigate ignoring that the conduct of these members may involve serious human rights violations, crimes against humanity and war crimes; adopting these actions is clearly an omission in the duty to investigate, disproportionate and unfairly against the rights of victims and society, creating an atmosphere of impunity that encourages the continuation of the conduct.