59
violations of human rights not be obstructed by statute of limitations or allow
amnesties or pardons in this regard.220
162. In the African System, the African Commission on Human and Peoples’
Rights considered that amnesty laws cannot protect the State that adopts them
from complying with their international obligations,221 and noted, in addition, that
in prohibiting the prosecution of perpetrators of serious human rights violations
via the granting of amnesty, the States not only promote impunity, but also close
off the possibility that said abuses be investigated and that the victims of said
crimes have an effective remedy in order to obtain reparation.222
163. In the same sense, various member States of the Organization of
American States, by way of their highest tribunals of justice, have incorporated
the mentioned standards, taking into account in good faith their international
obligations. The Supreme Court of Justice of the Nation of Argentina ruled in the
Case Simón, to revoke the amnesty laws that in said country constituted a
normative obstacle for the investigation, prosecution, and eventual punishment of
facts that entailed human rights violations:223
[T]o the extent that, [the amnesties], tend to "neglect" gross human rights
violations, they are contrary to the provisions of the American Convention on
Human Rights and International Covenant on Civil and Political Rights, and
are, therefore constitutionally intolerable.224
[T]he translation of the findings of the Inter-American Court in "Barrios Altos"
to the Argentine case is imperative, if the decisions of the mentioned
International Tribunal are to be interpreted in good faith as jurisprudential
guidelines. Certainly, it is possible to find various arguments that distinguish
[the Argentine case from the case of Barrios Altos], but such distinctions
would be purely anecdotal.225
[T]o the extent that [the amnesties laws] hinder the investigation and
effective punishment of acts contrary to the rights recognized in these
treaties, prevent the fulfillment of the duty to guarantee that the State of
Argentina has committed to, and are inadmissible.226
Similarly, any regulation of domestic law which, invoking reasons for
"pacification" provides for the grant of any form of amnesty to allow impunity
for serious human rights violations perpetrated by the regime that the
220
Cf. E.C.H.R., Case of Abdülsamet Yaman v. Turkey, Judgment of 2 November 2004,
Application no. 32446/96, para. 55.
221
Cf. A.C.H.P.R., Case of Malawi African Association and Others v. Mauritania, Communication.
Nos. 54/91, 61/91, 98/93, 164/97 to 196/97 and 210/98, Decision of 11 May 2000, para. 83.
222
Cf. A.C.H.P.R., Case of Zimbabwe Human Rights NGO Forum v. Zimbabwe, Communication
No. 245/2002, Decision of 21 May 2006, paras. 211 and 215.
223
Cf. Supreme Court of Justice of the Nation of Argentina. Case of Simón, Julio Héctor et al.
s/illegal deprivation of liberty, etc., Causa 17.768, Order of June 14, 2005, Considering clause 31.
224
Supreme Court of Justice of the Nation of Argentina. Case of Simón, Julio Héctor et al.
s/illegal deprivation of liberty, etc., supra note 223, Considering clause 26.
225
Supreme Court of Justice of the Nation of Argentina. Case of Simón, Julio Héctor et al.
s/illegal deprivation of liberty, etc., supra note 223, Considering clause 24.
226
Supreme Court of Justice of the Nation of Argentina. Case of Simón, Julio Héctor et al.
s/illegal deprivation of liberty, etc., supra note 223, Considering clause 25.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents