3
servanda) and, as set forth by this Court and in Article 27 of the Vienna Convention
on the Law of Treaties of 1969, States cannot, for domestic reasons, ignore their
international responsibility.2 The treaty obligations of State Parties are binding on all
branches and bodies of the State.3
5.
The States Parties to the Convention must guarantee compliance with the
provisions thereof and their effectiveness (effet utile) within their domestic legal
systems. This principle applies not only to the substantive provisions of human
rights treaties (i.e., those addressing protected rights), but also to procedural
provisions, such as those concerning compliance with the Court’s decisions. These
obligations should be interpreted and enforced in such a manner that the protected
guarantee is truly practical and effective, bearing in mind the special nature of
human rights treaties.4
I. In relation to the obligation to investigate, identify, try and, where
appropriate, punish those responsible for the extrajudicial execution of Mr.
Almonacid Arellano and the duty to ensure that Decree Law No. 2.191 does
not continue to hinder the continuation of investigations (operative
paragraph five and paragraphs 145 to 157 of the Judgment)
6.
The State provided information on actions that "have nullified resolutions and
judgments that dismissed the cause through the enforcement [of] the Decree Law
2.191 (Amnesty DL)," the remanding of the case to the ordinary courts and the
progress of the criminal proceedings. Chile reported that:
a) In October 2007, it ordered the reopening of the judicial investigation into
the death of Mr. Almonacid, and the Rancagua Appeals Court appointed a
special visiting judge as the judge to hear the case on the murder of Mr.
Almonacid. Subsequently, a peremptory challenge was lodged between
said judge and the Second Military Court of Santiago. On December 3,
2008, the Supreme Court of Chile ruled that "regarding case No. 876-96
(40.184) of the First Criminal Court of Rancagua, on the homicide of Luis
Almonacid Arellano, a peremptory challenge [could] not be lodged with
military justice "based on a report issued by the Prosecutor of the
Supreme Court, whereby it stated that the ruling of the Inter-American
Court "deemed it necessary to reopen proceedings before the ordinary
judiciary and manifested the inapplicability of the amnesty for the
accused." Therefore, consequently, the Supreme Court ruled that the case
should be heard by the special visiting judge appointed by the Court of
Appeals of Rancagua. On December 24, 2008, the judge issued a
resolution in which he decided that, in compliance with the Judgment of
the Inter-American Court, it [was] necessary "to pursue —in a civil court—
the preliminary criminal investigation No. 40.184 of the First Criminal
Court of Rancagua on the murder of Luis Almonacid Arellano." The Home
Under-Secretary and the Human Rights Program of the Ministry of the
Interior "have participated in said criminal case," which "will make it
2
Cf. International responsibility the issuance and enforcement of laws that violate the Convention
(Art. 1 and 2 of the American Convention on Human Rights). Advisory Opinion AO-14/94 of December 9,
1994. Series A No. 14, para. 35; Case of De la Cruz Flores v. Peru. Monitoring Compliance with Judgment
Order of the Court of September 1, 2010, Considering Clause five, and Case of Tristán Donoso v.
Panama, supra note 1, Considering Clause five.
3
Cf. Case Castillo Petruzzi et al. v. Peru. Compliance with Judgment. Order of November 17, 1999.
Series C No. 59, Considering Clause three; Case of De la Cruz Flores v. Peru, supra note 2, Considering
Clause three, and Case of Tristán Donoso v. Panama, supra note 1, Considering Clause five.
4
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C
No. 54, para. 33; Case of De la Cruz Flores v. Peru, supra note 2, Considering Clause six, and Case of
Tristán Donoso v. Panama, supra note 1, Considering Clause six.