61 165. Most recently, the same Supreme Court of Justice of Chile, in the case of Lecaros Carrasco, annulled a verdict of not guilty and invalidated the application of the Chilean amnesty in Decree Law No. 2.191 of 1978 via a replacement Judgment in the following terms:232 [T]he crime of kidnapping [...] has the character of a crime against humanity, and therefore, it is not necessary to invoke amnesty as a cause to extinguish criminal responsibility.233 [T]he amnesty law enacted by the de facto authority which took on the "Supreme Command of the Nation," [...] must be interpreted in a way that conforms with the protective covenants of fundamental rights of the individual and sanctions the serious violations committed against them during the period in which said legal body is in force.234 [T]he mentioned prohibition of the auto-exoneration not only concerns the obvious situations in which those in power have used the advantageous position which they held to extinguish responsibility, as is the case with selfgiven amnesty, but it also implies a suspension of the effectiveness of preexisting institutions, such as […] the statute of limitations for criminal proceedings, designed to operate in a state of social peace in which they are called to serve, but not in the situations of harm to the institutions in which the State was set up, and for the specific benefit of those that provoked said breakdown.235 166. On the other hand, the Constitutional Court of Peru, in the case of Santiago Martín Rivas, in resolving an extraordinary remedy and a remedy of violations to constitutional rights, discussed the scope of the State’s obligations in the manner:236 [T]he Constitutional Court considers that the obligation of States to investigate the facts and punish those responsible for the violation of human rights declared in the Judgment of the Inter-American Court of Human Rights includes not only the nullity of those processes where the amnesty laws […] had been applied, after the declaration that such laws had no legal effect, but also any practice intended to prevent the investigation and punishment for violations of the rights to life and personal integrity.237 The obligations assumed by the Peruvian State with the ratification of treaties on human rights include the duty to guarantee those rights that, in accordance with International Law, are irrevocable and for which the State is internationally obligated to sanction said involvement. In response to the mandate contained in […] the Constitutional Procedural Code, treaties are sought which have crystallized the absolute prohibition of those who have 232 Supreme Court of Justice of Chile, Case of Claudio Abdón Lecaros Carrasco followed for the crime of aggravated kidnapping, Rol No. 47.205, Recurso No. 3302/2009, Order 16698, Judgment of Appeals, and Order 16699, Judgment of Replacement, of May 18, 2010. 233 Supreme Court of Justice of Chile, Case of Claudio Abdón Lecaros Carrasco, Judgment of Reemplazo, supra note 232, Considering clause 1. 234 Supreme Court of Justice of Chile, Case of Claudio Abdón Lecaros, Judgment of Reemplazo, supra note 232, Considering clause 2. 235 Supreme Court of Justice of Chile, Case of Claudio Abdón Lecaros Carrasco, Judgment of Reemplazo, supra note 232, Considering clause 3. 236 Cf. Constitutional Court of Peru, Case of Santiago Martín Rivas, Extraordinary Remedy, Case file No. 4587-2004-AA/TC, Judgment of November 29, 2005, para. 63. 237 Constitutional Court of Peru, Case of Santiago Martín Rivas, Extraordinary Remedy, supra note 236, para. 63.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents