ratified an international treaty such as the American Convention, its judges, as part of the
State apparatus, are also bound to it, obligating them to ensure that the effects of the
provisions of the Convention are not diminished.”17 That is, that the statute of limitations
yields to the rights of victims when there is an obstruction of the obligation to identify,
prosecute, and punish the perpetrators of a crime.
41.
In its previous jurisprudence the Court has stated, referring to the principle of ne bis
in idem, that it is not applicable when: i) the actions of the court that heard the case and
decided to dismiss or acquit the person responsible for a violation of human rights or
international law were intended to shield the accused from criminal responsibility; ii) the
proceeding was not conducted independently or impartially in accordance with due process,
or iii) there was no real intention of placing the perpetrator in the hands of justice. A
judgment declared which involves any of the foregoing circumstances produces an
“apparent” or “fraudulent” res judicata.”18 Thus, the authority of res judicata of a decision
that affects the rights of individuals protected by the Convention and shows that there are
grounds for questioning that which is res judicata may possibly be discussed before this
Court.19
42.
The information provided by the parties in this case only allows the Court to note
that in the two aforementioned proceedings, the statute of limitations was declared to have
run its course. The Court does not have elements to know if the proceedings ran the statute
of limitations due to the reasons described in the preceding paragraphs. In view of the
foregoing, it is imperative that the State submit organized, detailed, complete, and updated
information on the causes that led to the opposition and application of the statute of
limitation in the two criminal cases mentioned, referring to, if applicable, the copies of the
relevant parts of case files.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
In the exercise of its powers of supervision of compliance with its decisions and in
conformity with Articles 33, 62(1), 62(3), 65, 67, and 68(1) of the American Convention on
Judgment of October 30, 2008. Series C No. 187, para. 116; Case of Carpio Nicolle et al. V. Guatemala. Monitoring
of Compliance with Judgment. Order of the Inter-American Court of Human Rights of July 01, 2009, Considering
clause fourteen, and Case of Ivcher Bronstein V. Perú. Monitoring of Compliance with Judgment. Order of the InterAmerican Court of Human Rights of November 24, 2009, Considering clause seventeen.
17
Cf. Case of Almonacid Arellano et al. V. Chile. Preliminary Objections, Merits, Reparations and Costs.
Judgment of September 26, 2006. Series C No. 154, para. 124; Case of Gomes Lund et al. (Guerrilha do Araguaia),
supra note 15, para. 176, and Case of Gelman V. Uruguay, supra note 15, para. 193.
18
Cf. Case of Carpio Nicolle et al., supra note 16, para. 131; Case of Almonacid Arellano et al. V. Chile,
supra note 17, para. 154, and Case of Ivcher Bronstein V. Perú. Monitoring of Compliance with Judgment. Order of
the Inter-American Court of Human Rights of August 27, 2010, Considering clause fourteen.
19
Cf. Case of Genie Lacayo V. Nicaragua. Request for Review of the Judgment on the Merits, Reparations
and Costs. Order of the Court of September 13, 1997. Series C No. 45, paras. 10 to 12; Case of Almonacid Arellano
et al. V. Chile, supra note 17, para. 154.
13