69
193. When a State has ratified an international treaty such as the American
Convention, all of its bodies, including its judges, are also subject to such a treaty,
and this obligates them to ensure that the effects of the provisions of the Convention
are not diminished by the application of norms contrary to its object and purpose.
The Judicial Branch must exercise “control of conformity with the Convention” ex
officio of the harmonization of the domestic norms with the American Convention,
evidently within the framework of their respective jurisdictions and the corresponding
procedural rules. In this task, the Judicial Branch should bear in mind not only the
treaty, but also the corresponding interpretation made by the Inter-American Court,
the final interpreter of the American Convention. 228
194. Justice, to be such, must be opportune, and reach the desired or awaited
effet utile with the action, and particularly dealing with cases of serious human rights
violations, the principle of effectiveness of the investigation of the facts and the
determination of the punishment of those responsible must prevail. 229
D. Amnesty Laws in the opinion of other international bodies.
195. Amnesties or similar forms have been one of the obstacles alleged by some
States in the investigation, and where applicable, punishment of those responsible
for serious human rights violations.230 This Court, the Inter-American Commission on
Human Rights, the organs of the United Nations, and other universal and regional
organs for the protection of human rights have ruled on the non-compatibility of
amnesty laws related to serious human rights violations with international law and
the international obligations of States.
196. As it has been decided prior, this Court has ruled on the non-compatibility of
amnesties with the American Convention in cases of serious human rights violations
related to Peru (Barrios Altos and La Cantuta), Chile (Almonacid Arellano et al.), and
Brazil (Gomes Lund et al.).
197. In the Inter-American System of Human Rights, of which Uruguay forms part
by a sovereign decision, the rulings on the non-compatibility of amnesty laws with
conventional obligations of States when dealing with serious human rights violations
are many. In addition to the decisions noted by this Court, the Inter-American
Commission has concluded, in the present case and in others related to Argentina231,
228
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 16, para. 176, and Case of Cabrera García and Montiel Flores, supra
note 16, para. 225.
229
Cf. Case of García Prieto et al. V. El Salvador. Preliminary Objections, Merits, Reparations and
Costs. Judgment of November 20, 2007. Series C. No. 168, para. 115; Case of Chitay Nech et al., supra
note 63, para. 195; and Cf. Case of Radilla Pacheco, supra note 74, para. 201.
230
In the present case, the Court refers generally to the term “amnesties” to refer to norms that,
independent of the term used, seek the seem purposes.
231
Cf. IACHR. Report No. 28/92, Casos 10.147; 10.181; 10.240; 10.262; 10.309, and 10.311.
Argentina, of October 2, 1992, paras. 40 and 41.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos