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impecunious victims so that they may file an action for direct reparation. Regarding
the problems of congestion and delay, it is apparent from the report of the Superior
Council of the Judicature that, on average, approximately 13 years are required to
reach a final decision in cases in the administrative jurisdiction.
The action for direct reparation in the administrative jurisdiction fulfils an important
democratic function in Colombian society, in that it is a kind of collective insurance
for damage, focused on financial compensation, since, at times, this can be very
important to mitigate the lack of justice in human rights violations; however, that
does not make it an appropriate mechanism to repair serious human rights violations
as understood by international case law and legal doctrine.
In Colombia, conciliation is possible in the administrative jurisdiction, but if a simple
declaration of the State’s extra-contractual responsibility as satisfaction for the
victims is already inadequate as a judicial remedy according to human rights
standards, a conciliation hearing and the symbolic value of a declaration of
responsibility arising from this is even less adequate.
The criminal jurisdiction is the appropriate instrument to guarantee integral
reparation in Colombia, including the obligation to investigate and sanction those
responsible in cases of human rights violations, complying with the guarantee of
non-repetition. If recourse is had to the administrative jurisdiction alone, there is a
possibility of achieving the “perverse effect of a sort of standardization of the costs of
human rights violations.”
Although there could be some complementarity between an international human
rights court and the administrative jurisdiction, in that a pecuniary reparation
granted to a victim in the domestic sphere could be taken into account by the
international court in order to avoid double compensation, this complementarity does
not convert the action for reparation “into an appropriate action for integral
reparation of serious human rights violations” and, thus, “would not constitute a
judicial remedy that needs to be exhausted.”
e)
Expert witness proposed by the State
1.
Hernando Torres Corredor, lawyer
A constitutional response to shortcomings in the effectiveness of the administration
of justice was promulgated in 1991. Thus, the 1991 Constitution gave rise to “either
transformations, or the creation of new institutions.” This Constitution integrates
domestic law and international law. The changes made were not merely of a juridical
and structural nature, but also in relation to the strategies of the State mechanisms.
Thus, the Colombian Constitutional Court, the Superior Council of the Judicature and
the Prosecutor General’s Office were created; in addition, the Ombudsman’s Office
was improved, and the Attorney General’s Office transformed. The new Constitution
allowed a new Code of Criminal Procedure to be drafted and, since then, a new path
has been traced which, over the past 15 years has enabled the country to pass from
an “inquisitorial system to a mixed accusatory [...] system, [and finally] to a purely
accusatory [...] system.”
The administrative jurisdiction is collective and composed of a Council of State which
has three chambers: a general chamber, an administrative chamber, and a
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