MURDER OF SOCIAL LEADERS AND HUMAN RIGHTS DEFENDERS. A PROPOSAL TO GUARANTEE THE RIGHTS OF VICTIMS

Abstract

Background: Colombia is a country that has been heavily marked by political violence, with perhaps the cruelest events of this nature being the era of Bipartisan Violence and the genocide of the Patriotic Union. Currently, Colombia is going through a period of violence characterized by the assassination of social leaders due to their work in defending human rights. The victims of these acts are demanding their rights and guarantees due to the delay in the administration of justice. Therefore, it’s make necessary a study concerning the legal provisions related to the implementation of effective judicial protection from an investigative perspective.

Objective: To analyze legally viable mechanisms for guaranteeing the rights of victims of assassinations of social leaders in Colombia during the investigative stage, by the guidance of different international instruments concerning these types of crimes and the protection of human rights towards material equality.

Method: A dogmatic-analytical investigation was conducted, primarily based on the review of academic articles, research conducted by civil organizations, and judicial decisions within the framework of the Inter-American System of Human Rights Protection.

Results: The Colombian State has failed to fulfill its obligation to conduct investigations considering differential aspects that contribute to achieving material equality.

Conclusions: The assassination of social leaders, human rights advocates, and defenders in Colombia constitutes a genocide crime. As a result, the victims have the guarantee of the non-prescription of criminal action, along with the right to an investigation based on a differential and gender perspective that promotes prompt and prioritized development of the corresponding inquiries.