-19liability, in order to maintain the State’s punitive power in effect for actions which, because of their
seriousness, must be stopped and also to avoid their repetition.”56 Such legal constructs or
provisions are inadmissible when “they seek to prevent the investigation and punishment of those
responsible for serious human rights violations such as torture, summary, extra-legal or arbitrary
executions and forced disappearances, all of which are prohibited because they contravene nonderogable rights recognized by international human rights law.”57
78.
In relation to the foregoing, this Court notes that there have been major advances in
international law regarding the applicability of the statute of limitations to legal actions brought to
obtain reparations for serious human rights violations.
79.
Already in 1989, the United Nations Working Group on Enforced or Involuntary
Disappearances stated in its General Comments on Article 19 of the Declaration on the Protection
of All Persons from Enforced Disappearances, that “civil claims for compensation shall not be […]
made subject to statutes of limitation.”58
80.
In 1991, the then UN Rapporteur on the Right to Restitution, Compensation and
Rehabilitation for Victims of Gross Violations of Human Rights, Theo Van Boven, pointed out that:
“[…] the application of statutory limitations often deprives victims of gross violations of human rights of the reparations
that are due to them. The principle should prevail that claims relating to reparations for gross violations of human
rights shall not be subject to a statute of limitations. In this connection, it should be taken into account that the effects
of gross violations of human rights are linked to the most serious crimes to which, according to authoritative legal
opinion, statutory limitations shall not apply. Moreover, it is well established that for many victims of gross violations
of human rights, the passage of time has no attenuating effect; on the contrary, there is an increase in post-traumatic
stress, requiring all necessary material, medical, psychological and social assistance and support over a long period of
time.”59
81.
Subsequently, the Updated Set of Principles for the Protection and Promotion of Human
Rights through action to Combat Impunity, adopted by the United Nations Commission on Human
Rights in 2005, included the following principles:
Principle 23. Restrictions on prescription. Prescription of prosecution or penalty in criminal cases shall not run for such
period as no effective remedy is available. Prescription shall not apply to crimes under international law that are by
their nature imprescriptible. When it does apply, prescription shall not be effective against civil or administrative actions
brought by victims seeking reparation […]
Principle 32. Reparation procedures. All victims shall have access to a readily available, prompt and effective remedy
in the form of criminal, civil, administrative or disciplinary proceedings subject to the restrictions on prescription set
forth in principle 23.60
82.
In 2006, the United Nations General Assembly adopted the 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. Principles 6 and 7 of that
instrument indicate that:
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, reparations and costs. Judgment of September 1, 2010. Series C No.
217, para. 207.
56
Cf., inter alia, Case Barrios Altos v. Peru. Merits. Judgment of March 14, 2001. Series C No. 75, para. 41, and Case of Herzog et al. v.
Brazil. Preliminary objections, merits, reparations and costs. Judgment of March 15, 2018. Series C No. 353, para. 288.
57
Cf. Working Group on Enforced or Involuntary Disappearances, General Comments on Article 19 of the Declaration on the Protection
of All Persons from Enforced Disappearance, E/CN.4/1998/43, para. 73.
58
Cf. United Nations Human Rights Council (UN-HRC), Final report presented by the Special Rapporteur on the Right to Restitution,
Compensation and Rehabilitation for Victims of Gross Violations of Human Rights and Fundamental Freedoms, E/CN.4/Sub.2/1993/8, 2 July1993,
para. 135.).
59
Cf. UN Human Rights Council, Diane Orentlicher, UN Independent Expert to Update the Set of Principles for Action to Combat Impunity,
E/CN.4/2005/102, February 18, 2005.)
60