56
Article 25 of the American Convention.
151. In accordance with the treaty obligations undertaken by the States, no
domestic legal provision or institution, including extinguishment, may be used to
avoid compliance with decisions of the Court regarding investigation and punishment
of those responsible for human rights violations. If this were not so, the rights
enshrined in the American Convention would be devoid of effective protection. This
view of the Court is in accordance with the language and spirit of the Convention, as
well as the general principles of international law; one of these principles is that of
pacta sunt servanda, which requires ensuring that the provisions of a treaty have an
effet utile in the domestic law of the States Party.119
152. Pursuant to the general principles of international law, and as follows from
Article 27 of the 1969 Vienna Convention on Treaty Law; application of decisions of
the international human rights protection bodies cannot be obstructed by domestic
legal rules or provisions.120
153. Notwithstanding the above, in the instant case it was shown that Rafael
Samuel and Emilio Moisés Gómez Paquiyauri were tortured (supra para. 117), a
situation that places the State under a special duty to investigate. In this regard, the
administrative and judicial authorities abstained from formally beginning a criminal
investigation regarding to the torture committed.
154. Article 8 of the Inter-American Convention against Torture explicitly sets forth
the obligation of the State to act ex officio and immediately in cases such as the
instant one, independently of the victim’s inactivity. In this regard, the Court has
argued that “in proceedings on human rights violation, the State’s defense cannot
rest on the impossibility of the plaintiff to produce evidence that, in many cases,
cannot be obtained without the cooperation of the State.”121 In the instant case, the
State did not comply with these provisions.
155. The fact that the State did not effectively investigate the acts of torture and
allowed them to remain in a situation of impunity means that the State did not adopt
effective measures to avoid repetition of this type of acts under its jurisdiction, which
disregards the provisions of Article 6 of the Inter-American Convention against
Torture.
156. Based on the above, the Court finds that the State violated the rights
enshrined in Articles 8 and 25 of the American Convention, in combination with
Article 1(1) of this same Convention and the obligations set forth in Article 8 of the
Inter-American Convention against Torture, to the detriment of Rafael Samuel and
Emilio Moisés Gómez Paquiyauri. The State also violated the rights enshrined in
Articles 8 and 25 of the American Convention, in combination with Article 1(1) of this
same Convention, to the detriment of their next of kin, Ricardo Samuel Gómez
119
See Case of Bulacio, supra note 6, paras. 117 and 142; Case of the “Five Pensioners”, supra
note 22, para. 164; Case of Hilaire et al. Judgment of June 21, 2002. Series C No. 94, para. 112; and
Case of Trujillo Oroza. Reparations, supra note 116, para. 96.
120
See Case of Bulacio, supra note 6, para. 118.
See Case of Maritza Urrutia, supra note 5, para. 128; Case of the “Street Children” (Villagrán
Morales et al.), supra note 68, para. 251; Case of Gangaram Panday. Judgment of November 21, 1994.
Series C No. 16, para. 49; and Case of Godínez Cruz . Judgment of January 20, 1989. Series C No. 5,
para. 141.
121
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents