The Colombian Criminal Justice in Crisis: Fear and Distrust

Most people believe that criminal justice in Colombia is rife with impunity and corruption. Elvira Mar?a Restrepo delves beneath such beliefs to reveal a system driven at a fundamental level by fear and distrust from outside the system itself. With the present difficulties in the country tantamount to a state of irregular war, the judiciary is in crisis. It has to contribute to the construction of peace and the reconstruction of trust, or perish. Colombia's criminal jurisdiction is most commonly associated with impunity and corruption. Elvira Mar̕a Restrepo delves beneath these beliefs to reveal a system driven at a fundamental level by fear and distrust. Not only is the judicial system partially immobilised, but the political system is unable to act authoritatively over a range of illegal forces within the country. The poor performance of the judiciary is compounded by its failure to deal with those cases it does prosecute with equity and impartiality. This generates distrust in the justice administration. In view of this crisis, judicial reform in 1991 laid the foundations for a more independent and powerful judiciary. While the crisis is still far from over, the criminal jurisdiction has shown some modest, but significant, results since 1991 in its struggle against impunity. Restrepo concludes that the present judiciary has a hidden potential to contribute to the reconstruction of trust and peace in Colombia Pt. I. Overview Of The Political And Judicial Systems -- 1. The Political Background -- 2. The System Of Justice -- Pt. Ii. Criminal Justice In Crisis -- 3. The Performance Of The System Of Justice -- 4. Fear To Accuse And Fear To Prosecute -- 5. Judicial Corruption: Heroes And Villains -- Pt. Iii. Fear And Distrust -- 6. Impact Of Drug Trafficking On Judicial Institutions -- 7. Justice In A Country With An Irregular War. Elvira María Restrepo. Includes Bibliographical References (p. 205-221) And Index. Most people believe that criminal justice in Colombia is rife with impunity and corruption. Elvira María Restrepo delves beneath such beliefs to reveal a system driven at a fundamental level by fear and distrust from outside the system itself. With the present difficulties in the country tantamount to a state of irregular war, the judiciary is in crisis. It has to contribute to the construction of peace and the reconstruction of trust, or perish. historical characteristic. Such problems include clientelism, the judiciary's fiscal dependence, excessive reformism, exceptionalism and judicial self-restriction.