2
5.
For international jurisdiction purposes suffice to make that last comment and,
in any event, explain –as even though not essential, in practice this may prove to be
helpful in tackling doubts and conflicting interpretations– that, because from the very
moment of their enactment they are in conflict with the international obligations of
the State under the ACHR, the so-called self-amnesty laws can produce no legal
effects whether at the time of being issued, at present or in the future. Basically,
such laws are invalid –with no need for a special decision so holding as, in any event,
any such decision would be a mere declaration of invalidity— from the very moment
they conflict with the American Convention, a conflict arising right from their
inception in the domestic legal system, i.e. ab initio, as already established by the
Court.
6.
In its ruling in the Case of La Cantuta, the Court has ratified the decision
based on the interpretation of the Judgment rendered in the Case of Barrios Altos (of
September 2001); such interpretation is certainly not the expression of a point of
view or a recommendation but a determination –made by way of genuine
interpretation—of the scope of said Judgment on the merits and reparations, an
integral part of the same decision. The interpretation does not incorporate a new
order to the rulings contained in the judgment, but clarifies the terms of that
judgment. The judgment rendered in La Cantuta ratifies the general applicability of
the position adopted by the Inter-American Court in the Case of Barrios Altos. As a
matter of fact, the source of the violation lies in a general-scope provision. The
Court’s decision shares the same general scope.
7.
There would be no point in holding that a law is “in conflict with the
Convention” in a specific case, just to leave the source of the violation standing for
future cases. Far from providing a guarantee of non-repetition –a critical objective of
the system of human rights protection—, this would leave the door open to a repeat
violation. It would be impracticable –not to mention frustrating— to require new
rulings by the Inter-American Court, covering and dealing with an indefinite number
of cases of the very same nature, submitted one by one to the Court’s consideration,
in order to obtain the relevant declaration that they are “in conflict with the
Convention.”
8.
Furthermore, the Court has also made it clear that the obligations undertaken
by a State upon becoming a party to the international convention on human rights
are binding upon that State as a whole. This extends to executive, legislative and
judicial bodies, as well as self-governed bodies outside of the domain of the three
traditional branches, which are a part of the State itself. Therefore, it is inadmissible
for one of such bodies to refrain from complying with an obligation that binds the
State of which it is a part, or to directly act in violation thereof, on the grounds that
another body has failed to fulfill its own duties in the general system for the adoption
of and compliance with international obligations. This notion calls for further
consideration, exploring all sides and implications, and it obviously points to the
convenience of providing, also in this case, the timely and sufficient “bridge” to link
the international legal system and the domestic body of law and move past any
doubt or contradiction that might arise as a result of a lack of definition on this
matter.
DUE PROCESS, RES JUDICATA AND NE BIS IN IDEM
9.
The Inter-American Court –as has also been the case with other international
and domestic courts— has laid down certain criteria regarding res judicata and the