El fortalecimiento de la independencia judicial en los procesos de justicia transicional como garantía de no repetición

Abstract

The guarantees of non-repetition include all the measures that a State in transition must adopt to prevent the recurrence of serious violations of human rights that occurred in the past. The purpose of this study is to analyze, from an International Law perspective, to what extent institutional reforms aimed at strengthening judicial independence in transitional justice constitute guarantees of non-repetition. In this sense, International Law offers a set of rules and principles to guarantee judicial independence, both in its institutional and individual dimensions. On the other hand, the judiciary has often been accomplice in human rights violations committed in the past, therefore, transitional justice measures should serve a threefold purpose: removing justice operators from the judicial system identified with the previous regime, protect judges from possible arbitrariness or indiscriminate measures and, finally, ensure that judges form a homogeneous body, with proven integrity and impeccable conduct. Eventually, strengthening judicial independence in transitional justice not only contributes to prevent future human rights violations, but also increases citizens’ trust in institutions and promotes the rule of law.