English

 RIGHTS OF THE VICTIMS OF THE FORCED DISPLACEMENT 

 

Summary:

In this case are analyzed a series of acciones de tutela presented by victims of forced displacement, for the presumptive violation of their fundamental rights to integral reparation, and as a component of it, an administrative compensation for all damages caused to them. The Chamber analyzed the following topics: (i) the fundamental rights of victims to the truth, justice and integral reparation, within the frame of the International Humanitarian Law and human rights, (ii) the jurisprudence unfolded on the study of the abstract control of constitutionality and in scenarios of tutela about the mentioned rights, (iii) the jurisprudence of this Court in the monitoring of the sentence T-025/04 and its autos, (iv) the jurisprudence of the State Council regarding the issues of integral reparation to victims in the context of administrative judicial processes, (v) the new institutional framing for the reparation of the victims, according to the Law No. 1448 of 2011 “By means of which are dictated measures of attention, assistance and integral reparation for the victims of the armed internal conflict and are dictated some other dispositions” and its regulatory decrees, (vi) the recent pronouncements of the Constitutional Court regarding the quoted law.

 

After carefully considering each case, this Tribunal arrived to the following conclusions: (i) the claimants, on their position of victims of forced displacement, have the right to be integrally repared and indemnified in a fair, fast and proportional manner, (ii) the right to the integral reparation isn’t exhausted on the economic reparation, as a matter of fact, it is a complex right that contemplates a series of means orientated to fulfill its purposes, (iii) the obligations of the State regarding the reparation can’t be confused with those related to the humanitarian help or assistance, because each one obey to a different nature, (iv) there is a series of different ways to access the integral reparation and (v) an abstract condemn within the process of tutela has a subsidiary and exceptional character.