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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