6
18.
Enactment of a law that is manifestly incompatible with the obligations
undertaken by a State Party to the Convention is per se a violation of the Convention
for which the State incurs international responsibility. The Court therefore considers
that given the nature of the violation that amnesty laws No. 26479 and No. 26492
constitute, the effects of the decision in the judgment on the merits of the Barrios
Altos Cases are general in nature, and the question put to the Court in the
Commission’s request for interpretation must be so answered.
VII
Now, therefore,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to Article 67 of the Convention and Article 58 of the Court’s Rules of
Procedure,
DECIDES
unanimously:
1.
That the request filed by the Inter-American Commission on Human Rights
seeking an interpretation of the March 14, 2001 judgment in the Barrios Altos Case
is admissible.
2.
That given the nature of the violation that amnesty laws No. 26479 and No.
26492 constitute, the decision in the judgment on the merits in the Barrios Altos
Case has generic effects.
Done in Spanish and English, the Spanish text being authentic, in San José, Costa
Rica, September 3, 2001.
Antônio A. Cançado Trindade
President
Hernán Salgado-Pesantes
Sergio García-Ramírez
Alirio Abreu-Burelli
Carlos Vicente de Roux-Rengifo
Manuel E. Ventura-Robles
Secretary
So ordered,
Antônio A. Cançado Trindade
President