72
204. In addition, he same Working Group stated its concern that in situations of
post-conflict, amnesty laws are promulgated or other measures adopted that have
impunity as a consequence, 246 and it reminded States that:
in combating disappearances, effective preventive measures are crucial. Among them, it highlights […]
bringing to justice all persons accused of having committed acts of enforced disappearance, ensuring
that they are tried only by competent civilian courts, and that they do not benefit from any special
amnesty law or other similar measures likely to provide exemption from criminal proceedings or
247
sanctions, and providing redress and adequate compensation to victims and their families.
205. Also in the universal forum, the bodies of human rights protection established
by treaties have maintained the same standards concerning the prohibition of
amnesties that prevent the investigation and punishment of those who commit
serious human rights crimes. The Human Rights Committee, in its General Comment
31, stated that States should assure that those guilty of infractions recognized as
crimes in international law or in national legislation, among others—torture and other
acts of cruel, inhumane, or degrading treatment, summary deprivations of life,
and arbitrary detention, and enforced disappearances—appear before the justice
system and not attempt to exempt the perpetrators of their legal responsibility, as
has occurred with certain amnesty laws.248
206. The Human Rights Committee ruled on the matter in the proceedings of
individual petitions and in its country reports, noting in the case of Hugo Rodríguez
v. Uruguay, that it cannot accept the posture of a State of not being obligated to
investigate human rights violations committed during a prior regime given an
amnesty law, and it reaffirmed that amnesty laws in regard to serious human rights
violations are incompatible with the aforementioned International Covenant o Civil
and Political Rights, reiterating that they contribute to the creation of an atmosphere
of impunity that can undermine upon the democratic order and bring about other
serious human rights violations. 249
246
Cf. Working Group on Enforced or Involuntary Disappearance of the United Nations, supra note
211, para. 23.
247
Working Group on Enforced or Involuntary Disappearance of the United Nations. Report, supra
note 211, para. 599. Similarly, Cf. Working Group on Enforced or Involuntary Disappearance of the United
Nations. Report to the Human Rights Council, 4º period of sessions. U.N. Doc. A/HRC/4/41, of January 25,
2007, para. 500.
248
Cf. H.R.C., General Comment 31: Nature of the general legal obligation imposed on States
Parties to the Covenant. U.N. Doc. CCPR/C/21/Rev.1/Add.13, of May 26, 2004, para. 18. This General
Comment broadened the content of Comment 20, which referred to acts of torture, and other seirous
human rights violations. See also Cf. H.R.C. General Comment 20: Replaces General Comment 7,
prohibition of torture and cruel treatment or punishment (art. 7), U.N. A/47/40(SUPP), Annex VI, A, of
March 10, 1992, para. 15.
249
Cf. H.R.C., Case of Hugo Rodríguez V. Uruguay, Communication No. 322/1988, UN Doc.
CCPR/C/51/D/322/1988, Report of August 9, 1994, paras. 12.3 and 12.4. Moreover, the Committee has
reiterated its position upon formulating the final observations to the reports presented by the States
Parties to the International Covenant on Civil and Political Rights, in which the amnisties contribute to the
creation of “an atmosphere of impunity” and affect the Rule of Law. Similarly, Cf. H.R.C., Final Comments
regarding the examination of the reports presented by the States Parties in virtue of Artcile 40 of the
Covenant, regarding: Perú, U.N. Doc. CCPR/C/79/Add.67, of July 25, 1996, para. 9, and in a similar
sense, Yemen, U.N. Doc. CCPR/C/79/Add.51, of October 3, 1995, numeral 4, para. 3; Paraguay, U.N. Doc.
CCPR/C/79/Add.48, of October 3, 1995, numeral 3, para. 5, and Haití, U.N. Doc. CCPR/C/79/Add.49, of
October 3, 1995, numeral 4, para. 2.
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