Desaparición forzada, un mirada desde las altas Cortes Colombianas

Abstract

The present work corresponds to a criminal jurisprudential analysis of the decisions of the Colombian Constitutional Court and the Supreme Court of Justice in relation to the conceptual development of the crime of forced disappearance, said activity gains importance because the commission of this conduct has allowed the construction of legal protection tools from the international level aimed at eradicating this behavior in all states due to the negative impact generated on the guarantee of human rights. It is intended to recognize and identify the characteristics and elements of this crime in the legal analysis carried out by the magistrates of the Courts. For the construction of the article, an investigation with an exploratory approach was carried out in which 200 sentences of the closing Courts were tracked, which allowed collecting enough information to identify the incidence of elements such as the quality of the active subject, the time of initiation and completion of the crime and jurisdictional competence at the time of imposing criminal liability on the part of legal operators. Consequently , this article aims to comprehensively identify the characteristics, elements and concepts of forced disappearance under the conception of the top legal operators in Colombia in the search for a coherent balance in the judicial apparatus when administering justice with respect to the conduct indicated, this with the purpose of facilitating the application of legal tools that allow sanctioning this conduct contrary to criminal law and avoid or stop the strong violation of fundamental rights that its consummation produces.