processing of an action for the sole reason that its application could lead
to the issuance of an acquittal”;
e) to which, “so long as there is no suspicion that the modification of the
legal code of any legal institution[, such as that of the statute of limitation
in a criminal action of the State,] is due solely to the purpose of granting
impunity to persons charged with serious violations of human rights, there
is no reason for not applying it to specific cases”;
f) while this "leaves open the issue regarding the possible international
responsibility of the State if it has failed to investigate or punish due to
inactivity, delay, or any other fault attributable to its bodies[,] what is not
acceptable is that the criminal prosecution contra legem of the accused
continues to avoid the State’s possible international condemnation.”
25.
The representative said he did not know “if the legal claims that gave rise to
the instant case are being investigated.” The representative highlighted that the
decision of the Supreme Court that upheld the statute of limitations in the criminal
action was issued “after the notification of the [J]udgment of the Inter-American
Court.” In this regard, he observed that "[i]t is clear that with the decision of the
Supreme Court [...] the State seeks to justify the decision not to investigate crimes
committed by its officials,” as “most involved and/or charged in the various judicial
proceedings continue today in their roles as State officials.” He noted that with the
information provided by the State “it can be seen that a significant length of time
remains from obtaining the required investigation of the charges, as well as
identifying those responsible for said charges.” In addition, he stressed that the
impunity of the perpetrators and lack of justice, 22 years after the events, has had a
"devastating" impact in the life of the victim and family members. Upon noting that
the above ruling "seeks to encompass all of the initiated proceedings, as well as all of
those responsible for the facts denounced given that such benefit favors the codefendants, the police, [...] and each and every one of the judicial and
administrative officials of the State who were in one way or another involved in the
process of covering up the crimes they claimed to be investigating.” In this regard,
he indicated other proceedings, presumably initiated due to the timing of the facts of
this case, for which the obligation of the State remains. Among these proceedings,
he mentioned causes of action that remain open for crimes of threat committed by
one of the charged police23 and for the disappearance and destruction of evidence,
including the “disappearance of original and notarized documentation.” 24
26.
The Commission said that “it deeply regret[ed]” the declaration of the statute
of limitations of the investigation into the torture.” It noted that the obligation to
investigate is linked to the right of victims, their family members, and society to
know the truth of what happened and to the State's obligation to prevent and
combat impunity. It stressed that the fulfillment of this obligation should not be
impeded by the invocation of any norm of law, one of which is the statute of
limitations. It therefore considered that "the State of Argentina must complete a
real and effective investigation in order to identify and punish those responsible for
violations [...] in this case.” It also noted that “it expect[ed] the State to, in its next
report, provide updated information on the reaction of the Supreme Court regarding
23
The representative alluded to “case No. 25156 before the Court of Instruction [Examining Court]
No. 23” and la “case No. 57144 before the Court of Instruction [Examining Court] No. 30” (case file of
monitoring of compliance with Judgment, tome I, folios 275 and 276).
24
Case No. 61720 and Case No. 6269/96 before the Court of Instruction [Examining Court] No. 13
(case file of monitoring of compliance with Judgment, tome I, folios 275 and 276).
12