«MILITARY AND POLICE CRIMINAL JUSTICE REFORM»: FIRST 2023 CAPAZ POLICY BRIEF
The latest CAPAZ Policy Brief is entitled “Military and Police Criminal Justice Reform in Colombia”. Federico Andreu Guzmán, the author of the text, analyses the current military criminal jurisdiction and makes recommendations on the reform needed to guarantee human rights and democratic institutionality.
Author
Federico Andreu Guzmán is an independent consultant and has been an expert witness on military jurisdiction in several cases before the Inter-American Court of Human Rights. He has written several publications on military tribunals and participated in the drafting of the Principles on the Administration of Justice by Military Tribunals of the former United Nations Sub-Commission on the Promotion and Protection of Human Rights.
Summary
The Colombian military criminal jurisdiction has historically been identified as one of the main factors of impunity for serious human rights violations, as well as for abuses in the trial of civilians by military tribunals. Although it has undergone several reforms in the last two decades – geared towards restricting its scope of jurisdiction, separating it from the operational command of the security forces and aligning its procedures with the oral accusatory system – it remains out of compliance with the principle of separation of powers and with international standards on the administration of justice, military jurisdiction, the right to defense of the accused and the prosecution of those responsible for serious human rights violations. This policy brief analyses the current military criminal jurisdiction and makes recommendations on the reform required to guarantee human rights and democratic institutions.