Central Themes

CENTRAL THEMES

During the three days of the Colloquium, the following three central themes were analyzed:

The first day, in addition to the inaugural speaker, the theme of “Reconciliation, fundamental rights and the process” was addressed in relation to the following aspects:

  1. The function and structure of procedural law within the framework of the relation between the guarantee of truth and the guarantee of reconciliation.
  2. Reconciliation and judicial decision. The dialog between the International Courts of Human Rights and the Local Judges (Constitutional or Higher Courts of Justice)
  3. Procedures and legal pluralism. Channels for non-governmental conflict resolution and the guarantee of due process. Disadvantaged groups and the litigious treatment resulting from the dispossession of lands and forced displacements.

The second day, the central theme under analysis was “The challenges of civil processes”, specifically in relation to the following three aspects:

  1. The burden of proof and presumptions in the restitution of lands and forced displacement proceedings.
  2. Sentence compliance in exceptional situations. The instruments for overseeing the faithful compliance of sentences.
  3. Unstipulated preventative measures and the guarantee of reparations.

To conclude, the third day had “Reconciliation and the Criminal Process” as the central theme of analysis. This was relate specifically to the following three aspects:

  1. Law and Criminal Processes in transitional justice
  2. Victims and their legitimization to take legal action
  3. Evidentiary value of context