Por:
Liliana Patricia Rojas Rojas
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Fecha:
2020
The right to real access to the administration of justice for victims implies the possibility for these subjects of especial protection regardless of their economic status or otherwise to resort to the system provided for conflict resolution and vindication of their rights. It pretends different manifestations such as the right to be heard, to have suitable tools for dispute resolution and sanction of crimes, the right to an effective remedy, the right to an impartial investigation as wwll as the right to an independent and impartial tribunal, the right to obtain a response within a reasonable time and that is an accordance with the law. However, although its importance becomes effective in the face of the decision of the file of the proceedings issued by the investigating entity (art. 79 CPP), there are barriers to access to the procedure for the filing of the proceedings that prevent the effectiveness in the protection of that fundamental right, such as: The lack of sufficient parameters to define the meaning and scope of the cause for filing by new EMP or EF, the absence of ordinary procedural means expressly enshrined in Law 906 of 2004 to resume the investigation incases of manifestly arbitrary archival orders, among others that arise due to the lack of legislative regulation of that procedure, among other factors.
