TRANSFORMATIVE PROCEDURAL LAW IN THE REPARATION OF THE NEW VICTIMS OF THE ARMED CONFLICT IN COLOMBIA: CHALLENGES FOR THE STATE LIABILITY PROCEEDINGS

The proceedings for establishing the responsibility of the State are not adapted for the reality of the victims. They do not guarantee-effectively and within a reasonable period- the fundamental right to a full reparation. In light of this statement, this paper enquires about the necessity of establishing a transformative procedural law through the use of new proceedings that may grant reparations to the victims of the Colombian armed conflict, even within the context of the Peace Agreements and the post-conflict, where the magnitude of the number of victims is relevant. This necessity could be satisfied by using case law and the special administrative proceeding for extending the State Council's case law to third parties (an administrative procedure that was created for making the Public Administration issue the judges' words to situations that have the same facts and legal issues).