10
9.
That the State is to investigate the facts of the present case and identify and
punish the responsible parties.
10.
That, after examining the documentation submitted by the parties, the Court
has verified that, to date, those responsible for the violations of the human rights of
Luis Alberto Cantoral Benavides have not been identified. In this respect, the
victim’s representatives advised that the Office of the 3rd Criminal Provincial
Prosecutor of Lima had declared the criminal proceedings statute-barred and the
definitive filing of the complaint lodged against those allegedly responsible for the
violations of the victim’s human rights (supra twenty-third and twenty-fourth having
seen paragraphs).
11.
That, as it has established in its constant case law, the Court considers that,
pursuant to the treaty obligations assumed by the States, no provision or institute of
domestic law, including the statute of limitations, can be opposed to compliance with
the decisions of the Court concerning the investigation and punishment of those
responsible for human rights violations. Otherwise, the rights embodied in the
American Convention would lack effective protection. This understanding of the
Court is in accordance with the letter and spirit of the Convention, and also the
general principles of law; one of these principles is that of pacta sunt servanda,
which requires that the provisions of a treaty must be effective (the principle of effet
util) in the domestic law of the States Parties.2
12.
Based on the above, this Court considers that the State may not invoke the
statute of limitations in its domestic law to fail to comply with the obligation
established in the twelfth and ninth operative paragraphs of the judgments of August
18, 2000, and December 3, 2001, respectively. Moreover, the State must provide
information on the different measures taken by the Office of the Attorney General or
by the pertinent authorities in this respect.
13.
That the Court shall consider the general status of compliance with the
judgments on merits (supra eighth considering paragraph) and on reparations (supra
ninth considering paragraph) when it has received the State’s report and the
respective comments of the parties.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its rulings and in accordance
with Articles 67 and 68(1) of the American Convention on Human Rights, Article
25(1) of its Statute and Article 29(2) of its Rules of Procedure,
DECIDES:
1.
To urge the State to adopt all necessary measures to comply promptly and
effectively with the judgments on merits and reparations of August 18, 2000, and
December 3, 2001, respectively, delivered by the Inter-American Court of Human
Rights in the Cantoral Benavides case, pursuant to the provisions of Article 68(1) of
the American Convention on Human Rights.
2
Cf. Bulacio case. Judgment of September 18, 2003. Series C No. 100, para. 117; the “Five
Pensioners” case. Judgment of February 28, 2003. Series C No. 98, para. 164; and Hilaire, Constantine
and Benjamin et al. case. Judgment of June 21, 2002. Series C No. 94, para. 112.
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