Transitional justice and integral reparation of victims in Colombia: the case of extrajudicial executions or “false positives” in Soacha

Abstract

This article offers a case analysis about the comprehensive reparation of victims of extrajudicial executions, also known as “false positives”, in the context of Colombia´s internal armed conflict. The case is embedded in the transitional justice system concurred in the peace agreement signed between the National Government and the Revolutionary Armed Forces of Colombia - People’s Army –FARC-EP–, in november 2016. It assumes the satisfaction of victims as the main criterion that guides the transitional justice system, and from this point of view assesses the reparation offered to the victims. It highlights that, due to the decision of those responsible for the “false positives” to avail themselves to the transitional justice system and the legal security that this offers, victims see curtailed their rights to comprehensive reparation. It concludes that the measures for the reparation of victims envisaged by the transitional justice system do not necessarily meet their expectations, neither concerning
the public recognition of the State’s responsibility for “false positives”, nor the adoption of measures in the domestic legal order to guarantee non-repetition.