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the obligation to adapt internal legislation that is embodied in Article 2 of the Convention
[;]
[…] The Court considers that it should be emphasized that, in the light of the general
obligations established in articles 1(1) and 2 of the American Convention, the States
Parties are obliged to take all measures to ensure that no one is deprived of judicial
protection and the exercise of the right to a simple and effective recourse, in the terms
of Articles 8 and 25 of the Convention. Consequently, States Parties to the Convention
which adopt laws that have the opposite effect, such as self-amnesty laws, violate
articles 8 and 25, in relation to articles 1(1) and 2 of the Convention. Self-amnesty laws
lead to the defenselessness of victims and perpetuate impunity; therefore, they are
manifestly incompatible with the aims and spirit of the Convention. This type of law
precludes the identification of the individuals who are responsible for human rights
violations, because it obstructs the investigation and access to justice and prevents the
victims and their next of kin from knowing the truth and receiving the corresponding
reparation[; and]
[…] Owing to the manifest incompatibility of self-amnesty laws and the American
Convention on Human Rights, the said laws lack legal effect and may not continue to
obstruct the investigation of the grounds on which this case is based or the identification
and punishment of those responsible, nor can they have the same or a similar impact
with regard to other cases that have occurred in Peru where the rights established in the
American Convention have been violated.2
16.
In operative paragraph 4, the Court resolved the following in this regard:
[…] Amnesty Laws No. 26479 and No. 26492 are incompatible with the American
Convention on Human Rights and, consequently, lack legal effect.
In operative paragraph 5, it resolved that:
[...] the State of Peru must investigate the facts to determine the identity of those
responsible for the human rights violations referred to in this judgment, and also publish
the results of this investigation and punish those responsible.
17.
In its case-law the Court has held the following with regard to the State’s
obligation to suppress laws that imply a violation of the Convention:
[…] the general obligation of the State, established in Article 2 of the Convention,
includes
the adoption of measures to suppress laws and practices of any kind that
imply a violation of the guarantees established in the Convention, and also the adoption
of laws and the implementation of practices leading to the effective observance of the
said guarantees.
[…]
[…]
In international law, customary law establishes that a State which has ratified a
human rights treaty must introduce the necessary modifications to its domestic law to
ensure the proper compliance with the obligations it has assumed.
This law is
universally accepted and is supported by jurisprudence. The American Convention
establishes the general obligation of each State Party to adapt its domestic law to the
provisions of this Convention, in order to guarantee the rights that it embodies. This
general obligation of the State Party implies that the measures of domestic law must be
effective (the principle of effet utile). This means that the State must adopt all
measures so that the provisions of the Convention are effectively fulfilled in its domestic
legal system, as Article 2 of the Convention requires. Such measures are only effective
when the State adjusts its actions to the Convention’s rules on protection.3
2
Cf. Barrios Altos Case. Judgment of March 14, 2001. Series C No. 75, paragraphs 41-44.
Cf. “The Last Temptation of Christ” Case (Olmedo Bustos et al.). Judgment of February 5, 2001.
Series C No. 73, paragraphs 85-87; Durand and Ugarte Case. Judgment of August 16, 2000. Series C No.
68, para.137; and Castillo Petruzzi et al. Case. Judgment of May 30, 1999. Series C No. 52, para. 207.
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