Justicia restaurativa: su aplicación en los delitos de terrorismo cometidos por el movimiento separatista en Patani, Tailandia

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Publication date
2020
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09-10-2020
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Abstract
The current situation of violence in Patani, Thailand is both a consequence of the historic conflagration and a result of the failure of the public administration. It is at the same time a separatist terrorism and an armed conflict. However, the solution to the problem through political and peaceful means seems to be more effective than through repression and strict enforcement of special penal laws. Restorative justice is a legal tool that can be applied in terrorism cases in Patani to overcome conflict and achieve social reconciliation. Furthermore, it can play an important role in the peacebuilding process and ensure a smooth transition from large-scale conflict to lasting peace, especially with regard to the administration of justice. To this end, it is necessary to create a transitional justice system in which the traditional approach and methodology of restorative justice is incorporated. It is also essential to maintain the functioning of two main instruments of transitional justice: the criminal prosecution and the truth commission. Thus, the peace process can be carried out, while no act of serious human rights violation remains unpunished, and the needs of victims at all levels can be addressed.
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