19
international standards, especially the precepts included in the
American convention, cannot be considered valid and, as stated by
[the Inter-American Court], it is neither admissible or appropriate to
resort ‘to amnesty, pardon, prescription periods, or create measures
to exclude responsibility.”34
d) Additionally, in the case of 19 Tradesmen v. Colombia, the Criminal
Appeals Chamber of the Supreme Court of Justice of Colombia issued
a decision regarding an appeal for review initiated by a Criminal
Judicial Prosecutor, in which it decided to declare the invalidity of the
actions of the military criminal justice and the decision to cease the
proceeding, as well as to forward said process to the civil criminal
jurisdiction (National Human Rights Unit and International
Humanitarian Law) so it would continue with the investigations.35 The
request made by the Judicial Prosecutor and the Supreme Court were
based on the provisions of the Judgment issued by the InterAmerican Court.
As proven by the application of international law in domestic law,
it is not essential to specify the measures that must be adopted by the
different public authorities called upon in order to eliminate the
obstacles that prevent compliance with the obligation to investigate.
There is the possibility that in some cases the Tribunal has issued very
specific orders, as mentioned by the Constitutionality Court regarding
the case of Raxcacó Reyes v. Guatemala; however, the Tribunal need
not adopt such detailed decisions. This Tribunal assumes that the State’s
good faith with regard to compliance with the obligations it has agreed
to, and its commitment as a Party to the American Convention,
guarantee subjection to the orders of those Judgments affecting
Guatemala and the Court’s jurisprudence that interprets and applies the
rights contained in said treaty.
39.
Conclusion of the Court
Based on all the aforementioned, it is clear that the decisions
adopted by domestic authorities, especially prosecutors and judges, who
are able to adequately and diligently promote the investigation in the
present case, constitute a form of compliance with the Court’s orders
40.
34
Criminal Appeals Chamber of the Supreme Court of Justice of Colombia, Judgment of September
17, 2008 (Appeal for Review).
35
Cf. Case of 19 Tradesmen v. Colombia. Monitoring Compliance with Judgment. Order of the
President of the Inter-American Court of Human Rights of November 26, 2008, Considering Clause four.