85
that it is fulfilling its obligation —deriving from its duty to investigate— to request and
promote, by the appropriate judicial and diplomatic means, the extradition of one of the
main defendants.
160. As pointed out repeatedly, the acts involved in the instant case have violated
peremptory norms of international law (jus cogens). Under Article 1(1) of the American
Convention, the States have the duty to investigate human rights violations and to
prosecute and punish those responsible. In view of the nature and seriousness of the
events, all the more since the context of this case is one of systematic violation of human
rights, the need to eradicate impunity reveals itself to the international community as a
duty of cooperation among states for such purpose. Access to justice constitutes a
peremptory norm of International Law and, as such, it gives rise to the States’ erga omnes
obligation to adopt all such measures as are necessary to prevent such violations from
going unpunished, whether exercising their judicial power to apply their domestic law and
International Law to judge and eventually punish those responsible for such events, or
collaborating with other States aiming in that direction. The Court points out that, under the
collective guarantee mechanism set out in the American Convention, and the regional132 and
universal133 international obligations in this regard, the States Parties to the Convention
must collaborate with one another towards that end.134
*
*
*
161. It has been proven that, even though the criminal proceedings were reopened in
order to solve the case and partial results have been achieved, such proceedings have not
been efficient to prosecute and eventually punish all those responsible (supra para. 146 to
150). The Court thus considers that the State is responsible for the violation of the rights
embodied in Articles 8(1) and 25 of the American Convention in relation with Article 1(1)
thereof, to the detriment of Antonia Pérez-Velásquez, Margarita Liliana Muñoz-Pérez, Hugo
Alcibíades Muñoz-Pérez, Mayte Yu yin Muñoz-Atanasio, Hugo Fedor Muñoz-Atanasio, Carol
132
Cf. Charter of the Organization of American States, Preamble and Article 3(3), Inter-American Convention
to Prevent and Punish Torture; Inter-American Convention on Forced Disappearance of Perons; and Resolution No.
1/03 of the Inter-American Commission of Human Rights on the trial of international crimes.
133
Cf. Charter of the United Nations signed June 26, 1945, Preamble and Article 1(3); Universal Declaration
of Human Rights, adopted and proclaimed under General Assembly Resolution 217 A (iii) of December 10, 1948;
United Nations International Covenant on Civil and Political Rights, General Assembly resolution 2200 A (XXI) of
December 16, 1966; Geneva conventions of August 12, 1949 and its Protocols; Convention on the Non-Applicability
of Statutory Limitations to War Crimes and Crimes Against Humanity, General Assembly 2391 (XXIII) of November
26, 1968; Convention on the Prevention and Punishment of the Crime of Genocide, resolution 260 A (III), General
Assembly resolution 260 A (III) of December 9, 1948; Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, General Assembly resolution 39/46 of December 10, 1984; Declaration on
the Protection of All Persons from Enforced Disappearances (sic), G.A. Res. 47/133, 47 U.N. GAOR Supp. (no. 49)
at 207, U.N. Doc. A/47/49 (1992), Article 14; Principles on the Effective Prevention and Investigation of ExtraLegal, Arbitrary and Summary Executions, E.S.C. Res. 1989/65, U.N. Doc. E/1989/89 para. 18 (May 24, 1989);
Principles of International Co-Operation in the Detection, Arrest, Extradition and Punishment of Persons Guilty of
War Crimes and Crimes Against Humanity, G. A. Res. 3074, U.N. Doc. A/9030 (1973); Resolution on the Question
of the Punishment of War Criminals and of Persons who have Committed Crimes Against Humanity, G.A. Res.
2840, U.N. Doc. A/Res/2840 (1971); 1996 Draft Code of Crimes Against the Peace and Security of Mankind of the
International Law Commission; Draft International Convention for the Protection of All Persons from Enforced
Disappearance, United Nations Human Rights Council, 1st session, business No. 4 of the agenda, A/HRC/1/L.2, June
22, 2006; Declaration on Territorial Asylum, adopted by the United Nations General Assembly, resolution 2312
(XXII) of December 14, 1967; and United Nations Convention on the Statute of Refugees, 189 U.N.T.S. 150,
adopted on July 18, 1951 by the the United Nations Diplomatic Conference of Plenipotentiaries on the Statute of
Refugees and Stateless, convened by the General Assembly through resolution 429 (V), of December 14, 1950.
134
Cf. Case of Goiburú et al., supra note 1, paras. 128 to 132.
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