Examinando por Materia "Acción de reparación directa"
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Ítem La caducidad en las pretensiones de reparación directa frente a los delitos de lesa humanidad, genocidio y crímenes de guerra en Colombia(Universidad EAFIT, 2020) Zapata Naranjo, Sara María; Diaz Diez, CristianThe Unification Sentence of January 29th, 2020, delivered by the Colombian Council of State, set a precedent on the mandatory nature of the common expiration term of two years, counted from the knowledge of the unlawful damage, to claim against the State for direct reparation derived from human rights violations, such as crimes against humanity, genocide and war crimes. However, the case law of Inter-American Court of Human Rights, indicated that, although imprescriptibility clearly operates in criminal actions, it is also possible that this guarantee of imprescriptibility applies to other actions such as those aimed at suing the State. The most important is to safeguard the integral reparation right, regardless of the action that is initiated, when we are faced with human rights violations. Thus, taking into account the internal regulations, the pronouncements of the High Courts and the Colombian historical context, this work aims to determine, whether or not it operates in Colombia, the forfeiture of the petition for direct reparation for crimes against humanity, war crimes and genocide.Ítem Derecho de acceso a la justicia y reparación directa : caducidad, seguridad jurídica y derecho a la reparación de víctimas de graves violaciones de Derechos Humanos y Derecho Internacional Humanitario(Universidad EAFIT, 2022) Aguirre Gómez, Matías; Viveros Montoya, Luis FelipeThe means of control of "direct reparation" is one of the procedural means through which the victims of serious human rights violations can satisfy their rights of access to justice as a matter of international law (Arts 8 and 25 ACHR), particularly the right to reparation. Access to this judicial remedy has several limits set by law, including the expiration rule. This monograph asks whether the expiration rule, as it has been interpreted by the Colombian Council of State, is consistent with the international obligations of the State to guarantee access to an effective judicial remedy that, inter alia, allows obtaining full reparation for the damage derived from the serious violations of international human rights law committed by the State.Ítem Doble instancia y doble conforme : antecedentes y estado actual en el derecho procesal penal colombiano y países latinoamericanos(Universidad Eafit, 2020) Hernández Caro, Laura Melissa; Carvajal Quintero, Hilda Astrid.The present work is the result of a study on the background and the current situation in the countries of Latin America and especially Colombia, on the implementation and adaptation of the legal systems to the international human rights standards which it has been linked to; what have been the advances and shortcomings in the matter of substantial guarantees offered by the Colombian State against the subject holders of the rights stemming from the principles to the double instance, and the "double conform", as are the political granted and those convicted in double instance. It aims to give an account of the consecutive legislative and constitutional omissions in terms of the violations of human rights on the viability of choosing to apply the principle of "double conform" and double instance in procedural penal matter. And in the same way, to establish the current needs of a long and clear regulation on the subject, understanding what the legal basis of this action is, how proceeds, and whom proceeds. The main motivation of this research work is then to make known the background of the "double conform" and the double instance, the procedure for its implementation, the legal basis, the competence of who decides on them, and other aspects that must be studied and deserve an analysis as a relevant issue for the international law and human rights.