THENEGATIVE CRIMINAL SELECTIVITY OF DEATHSILLEGITIMATELYPRESENTED AS CASUALTIES IN COMBATBYTHECOLOMBIANSTATEPUBLICFORCE

Abstract

The non-legitimate deaths presented as produced in combat by the Colombian State security forces, called in the international language of human rights as "extrajudicial executions" or in the Colombian press as "false positives", formany years tried to avoid it‟s clarification by the military and police criminal Justice through the opening of investigations that by competence corresponded to the ordinary criminal justice, or through inhibitory orders, preclusions or conflicts of jurisdiction, in order that the truth was not known, is In other words, illegitimate negative criminal selection processes were carried out for the sepunishable behaviors (non-criminalization processes), by members of the public force, authors and determiners, so that the crimes remained in impunity. This research corroborates the characteristics of these process together with the definitional power and how the crimes are finally being clarified through the intervention of the Special Jurisdiction for Peace (JEP) in application of transitional justice, due to the interest of the members of the public force involved, not so much so that the truth isestablished, but rather that their sentence is reduced and they do not fall under the orbit of the International Criminal Court (ICC).