Abstract

TONCHE, Juliana  and  UMANA, Camilo Eduardo. Integral System of Truth, Reparations, Justice and Non-repetition: Agreement of restorative justice?. Rev. Derecho Estado [online]. 2017, n.38, pp.223-241. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n38.09.

This paper presents a study on the concept and implementation of restorative justice. What is restorative justice? How can we characterize its implementation? What are possible problems in the context of negotiations for the end of the armed conflict in Colombia? This article analyzes provisions of restorative justice that can be found in the Integral System of Truth, Justice, Reparation and Non-Repetition (sivjrr): a system of dispositions that emerged from the peace negotiation between the government of Colombia and the FARC (Revolutionary Armed Forces of Colombia), with the aim of ending the internal armed conflict. Given the complexity of the agreement and its context, a model of restorative justice has emerged from the agreements, as a possibility to address the situation in a more humane way, with the goal of restoring social relations affected by conflict. Our conclusions show the problems and complexities of the use of restorative justice. However, this agreement may be understood as a step forward showing the willingness on both sides to move away from the usual punitive model of conflict response, the logic of the criminal justice system based on retributivism and punishment still predominates.

Keywords : Peace agreement; Colombia; FARC; restorative justice; criminal justice.

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