Thoughts on transitional justice processes

Abstract

This article refers to the processes of transitional justice, the interaction between its different components and the balance that should be sought between them. Specifically, the article seeks to ponder, from the provisions of various treaties analyzed, on the State’s obligation to punish those who are convicted for transgressions under those treaties, and the penalties that would result therefrom. In this regard, issues that arise during transitional justice processes are mentioned, such as the prosecution of those responsible for serious crimes, and the reparations that must be guaranteed to the victims of those crimes, with the double aim of not discouraging the participation of parties to peace processes and to respect the rights of victims to true integral reparation. In addition, reference is made to cases in which the Inter-American Court has had to make reference to human rights violations in contexts where measures such as amnesties have been adopted, what has been the development of standards that the Court has made in those cases, and the reasons why, in our opinion, this has happened in that way.