57 155. In addition, the same Working Group stated its worry that in situations of post-conflict, amnesty laws are promulgated or other measures adopted that have impunity as a consequence,212 and it reminded States that: in combating disappearances, effective preventive measures are crucial. Among them, it highlights […] bringing to justice all persons accused of having committed acts of enforced disappearance, ensuring that they are tried only by competent civilian courts, and that they do not benefit from any special amnesty law or other similar measures likely to provide exemption from criminal proceedings or sanctions, and providing redress and adequate compensation to victims and their families.213 156. Also, at the universal level, the organs for the protection of human rights established by treatises have maintained the same criteria on the prohibition of amnesties that prevent the investigation and punishment of those who commit serious human rights violations. The Human Rights Committee, in its General Observation 31, stated that States should assure that those guilty of infractions recognized as crimes in international law or in national legislation, —among others torture and other acts of cruel, inhumane, or degrading treatment, summary deprivations of life, and arbitrary detention, and enforced disappearances— appear before the justice system and do not attempt to exempt the perpetrators of their legal responsibility, as has occurred with certain amnesty laws.214 157. Likewise, the Human Rights Committee ruled on the matter, also in the proceedings of individual applications and in its country reports. In the case of Hugo Rodríguez v. Uruguay, it noted that it cannot accept the posture of a State of not being obligated to investigate human rights violations committed during a prior regime of given an amnesty law, and it reaffirmed that amnesty in regards to serious human rights violations are incompatible with the International Covenant of Civil and Political Rights, reiterating that they contribute to the creation of an atmosphere of impunity that can undermine upon the democratic order and bring about other serious human rights violations.215 disappearance. Report presented in the 62nd period of sessions of the Commission on Human Rights. U.N. Doc. E/CN.4/2006/56, of December 27, 2005, para. 2, subsections a, c, and d. 212 Cf. United Nations Working Group on Enforced or Involuntary Disappearance of Persons, supra note 211, para. 23. 213 United Nations Working Group on Enforced or Involuntary Disappearance of Persons. Informe, supra note 211, para. 599. In the same sense, cf. Working Group on Enforced or Involuntary Disappearance of Persons. Report of the Human Rights Council, 4th period of sessions. U.N. Doc. A/H.R.C/4/41, of January 25, 2007, para. 500. 214 Cf. H.R.C., General Comment 31, Nature of the General Legal Obligation Imposed on States Parties to the Covenant. U.N. Doc. CCPR/C/21/Rev.1/Add.13, of May 26, 2004, para. 18. This General Comment broadened the content of Comment 20, which refered only to acts of torture, to other serious human rights violations. In this regard, also cf. H.R.C. General Comment 20: Replaces General Comment 7, prohibition on torture and cruel and inhumane treatment (art. 7), U.N. A/47/40(SUPP), Annex VI, A, of March 10, 1992, para. 15. 215 Cf. H.R.C., Case of Hugo Rodríguez v. Uruguay, Communication No. 322/1988, UN Doc. CCPR/C/51/D/322/1988, Report of August 9, 1994, paras. 12.3 and 12.4. Likewise, the Commitee has reiterated its posture when drafting the final comments to the reports presented by the States Parties to the International Covenant of Civil and Political Rights, in which it indicated the amnesties contributed to create “an atmosphere of impunity,” and affect the Rule of Law. Similarly cf. H.R.C., Consideration of reports submitted by States Parties under Article 40 of the Covenant, regarding: Peru, U.N. Doc. CCPR/C/79/Add.67, of July 25, 1996, para. 9, and in a similar sense, Yemen, U.N. Doc. CCPR/C/79/Add.51, of October 3, 1995, numeral 4, para. 3; Paraguay, U.N. Doc. CCPR/C/79/Add.48, of October 3, 1995, numeral 3, para. 5, and Haití, U.N. Doc. CCPR/C/79/Add.49, of October 3, 1995, numeral 4, para. 2.

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