New CAPAZ Policy Brief: findings and recommendations for the imposition of restorative sanctions in case 05 of the JEP
CAPAZ’ most recent Policy Brief is entitled Construyendo la san(a)ción propia: primeros hallazgos y recomendaciones para la imposición de sanciones restaurativas en el caso 005 de la Jurisdicción Especial para la Paz (JEP) (Building self-sanctions: the socialisation of the first findings and recommendations for the imposition of restorative sanctions in case 05 of the JEP). The text was written by CAPAZ Science Collaborator Juliette Vargas Trujillo, Pilar Lovelle Moraleda, and Juliana Galindo Villarreal of the Guernica Centre for International Justice; and Andrea Rodríguez Daza from Universidad Javeriana Cali campus Institute of Intercultural Studies. This group of researchers came together to analyse how victims’ participation in the definition and implementation of self-sanctions can be materialised in the framework of case 005 and what the expectations are in terms of their restorative content.
The objective of the text is to provide recommendations in response to the many questions regarding the implementation of self-sanctioning and TOAR in the context of case 05. The researchers focused on finding out what the most appropriate participation mechanisms for victims might be and what the most prominent expectations are regarding these self-imposed sanctions.
To find out more about the analysis and other recommendations from the authors, access the Blue Line Policy Brief PB7-2021 (.pdf, in Spanish).
This Policy Brief is part of the CAPAZ Blue Line publications, which includes academic works related to the Comprehensive System of Truth, Justice, Reparation and Non-Repetition (SIVJRNR).
“The text exposes expectations, challenges, and existing concerns about the definition and implementation of self-sanctions, and of Works and Activities with Restorative Content (TOAR) in the framework of JEP case 005″. This case prioritises the territorial situation in the region of northern Cauca and southern Valle del Cauca, thus, setting forth a series of recommendations to reaffirm its restorative purpose, under the lens of the principle of victim-centredness.
The JEP’s transitional justice system faces important challenges with respect to its sanctioning system: there are major questions about its content, as well as about the mechanisms for defining and implementing the wide variety of TOAR. Based on this idea, after presenting the results of the study, the researchers put forward a series of recommendations on issues related to the importance of full, detailed, and exhaustive truth-telling, reparation processes (both material and symbolic), participation mechanisms and on the enabling and limiting factors for the definition and implementation of self-sanctions and TOAR.
For example, one of the proposals is to “adopt initiatives to increase the degree of truth contribution of the co-accused through pedagogical exercises with participants and defence attorneys on the concept of restorative justice, emphasising the commitments they must fulfil in exchange for the granting of criminal benefits”. Or, “the need to promote preparation processes for victims, communities and participants for possible meetings and coexistence with participants that include psychosocial, psychocultural, and psycho-spiritual accompaniment tools”, among other recommendations.
Authors/researchers
Juliette Vargas Trujillo
BA in Law, LLM from the Humboldt University of Berlin, Science Collaborator at CAPAZ and CEDPAL belonging to the University of Göttingen, and PhD candidate at the same university: juliette.vargas@instituto-capaz.org
Pilar Lovelle Moraleda
BAs in Law and Economics with a Master’s degree in Human Rights from the London School of Economics and Political Science (UK), she has worked at the Guernica Centre for International Justice, supporting Colombian ethnic and peasant communities in the preparation of legal reports and participation processes before the JEP and the CEV: pilarlovelle@gmail.com
Juliana Galindo Villarreal
BAs in Law and Political Science, specialising in Human Rights and International Humanitarian Law, and MA in Development Studies from the Graduate Institute of Geneva (Switzerland). She is currently an associate lawyer at the Guernica Centre for International Justice: julianagv@guernicacentre.org
Andrea Rodríguez Daza
BA in Law, socialising in International Law and Environmental Law from Pontificia Universidad Javeriana de Cali. She is a researcher in the Social Movements and Peacebuilding line of the Institute of Intercultural Studies at PUJ – Cali, from where she supports collective reparation processes: piedad.rodriguez@javerianacali.edu.co