Problems and Future of a Late Transitional Justice

Abstract

Transitional Justice was an implicit part of the Peace Accords in El Salvador as part of the attempts to confront a legacy of abuses in the context of a society in conflict. In this context, in the case of the Jesuits murdered at UCA in 1989, the pursuit of “truth, justice and reconciliation” was already considered, though was systematically obstructed by the State, including the unconstitutional Amnesty Law. Hence, it is relevant to raise again the need for transitional justice, even if belated, in El Salvador. This type of justice should follow five principles: putting the victims at the center of a new peaceful beginning of coexistence; make truth the starting point of justice; require non-punitive justice leading to reconciliation; demand acts of reparation; and guarantee the non-repetition of events and abuses. However, beyond pointing out the negative elements of the current situation in the country in order to achieve this transitional justice, it is essential to value and enhance the efforts made by civil society organizations in terms of remembrance and memory in order to achieve the transformation of a state culture structurally deficient in this field.