54
144. Various special rapporteurs of the United Nations indicated that the
obligation to respect and enforce respect the international human rights norms
includes the right to adopt measures to prevent the violations, as well as the
obligation to investigate them, and where necessary, adopt measures against the
perpetrators.194
145. For its part, in the European System, the European Court of Human Rights
has considered that in cases of violations to the right to life or to personal
integrity, the idea of an “effective remedy” implies, in addition to the payment in
compensation, where applicable, and without detriment to any other available
remedy in the national system, the obligation of the respondent State to carry
out an exhaustive and effective investigation, which allows for the identification
and punishment of those responsible, as well as the effective access for the
petitioner in the investigation procedures.195
146. In the same sense, in the African System, the African Commission on
Human and Peoples’ Rights, has sustained that offering total and complete
immunity against the processing and prosecution of human rights violations, as
well as the lack of adoption of measures that guarantee that the perpetrators of
these violations be punished and that the victims be duly compensated, does not
only prevent individuals from obtaining a remedy for the violations, denying them
their right to an effective remedy, but also promotes impunity and constitutes a
violation of the international obligation of States.196
D. Non-compatibility of amnesties related to serious human rights
violations with international law
147. Amnesties or similar forms have been one of the obstacles alleged by
some States in the investigation, and where applicable, punishment of those
responsible for serious human rights violations.197 This Court, the Inter-American
Commission on Human Rights, the organs of the United Nations, and other
universal and regional organs for the protection of human rights have ruled on
the non-compatibility of amnesty laws related to serious human rights violations
with international law and the international obligations of States.
Cf. Final report of rapporteur Cherif Bassiouni. Civil and political rights, in particular the
questions related to: independence of the judiciary, administration of justice, impunity. The right to
restitution, compensation and rehabilitation of victims of serious human rights violations and
fundamental freedoms, presented in virtue of order 1999/33 of the Commission on Human Rights,
U.N. Doc. E/CN.4/2000/62, of January 18, 2000, Annex: Basic principles and guidelines on the right
to a remedy and reparation for victims of gross violations of international human rights law and
serious violations of international humanitarian law, Principle 3, page 7. Cf. also, Report of Diane
Orentlicher, independent expert charged with updating the principles for the fight against impunity.
Updated Set of principles for the protection and promotion of human rights through action to combat
impunity, Commission on Human Rights, U.N. Doc. E/CN.4/2005/102/Add.1, of February 8, 2005,
Principle 1, page. 7.
194
195
Cf. E.C.H.R. Case of Aksoy v. Turkey, Application 21987/93, Judgment of 18 December 1996,
para 98; E.C.H.R. Case of Aydin v. Turkey. Application 23178/94, Judgment of 25 September 1997,
para 103; E.C.H.R. Case of Selçuk and Asker v. Turkey. Applications 23184/94 and 23185/94,
Judgment of 24 April 1998, para 96; E.C.H.R. Case of Kurt v. Turkey. Application 24276/94, Judgment
of 25 May 1998, para 139, and E.C.H.R. Case of Keenan v. United Kingdom. Application 27229/95,
Judgment of 3 April 2001, para 123.
Cf. A.C.H.P.R. (African Commission on Human and Peoples' Rights), Case of Mouvement
Ivoirien des Droits Humains (MIDH) v Côte d’Ivoire, Communication No. 246/2002, July 2008, paras.
97 and 98.
196
197
In the present case, the Court refers generally to the term “amnesties” to refer to norms
that, independent of the term used, seek the seem purposes.
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