13
ensure non-repetition of the wrongful acts, and to ensure the free and full exercise of the
rights protected by the American Convention.59
40.
Thus, the right of access to justice must ensure, within a reasonable period, the right of
the alleged victims or their next of kin that everything be done for them to know the truth of
what happened and investigate, prosecute, and where applicable, punish those responsible.60
41.
The Inter-American Court has held since its Advisory Opinion OC-9/87 that for a
remedy to be effective, “it must be truly effective in establishing whether there has been a
violation of human rights and in providing redress.” 61 It is clear that the remedy will not be
truly effective if it is not resolved within a period that allows for protection from the violation
that is claimed.62 As such, it follows that the remedy must be prompt.
42.
In an important part of the jurisprudence of the Inter-American Court itself, it was
determined that Article 8 together with Article 25 of the American Convention affirms the
right of access to justice.63 As such, the Inter-American Court determined that Article 8(1)
of the Pact of San José has a direct relation to Article 25 in relation to Article 1(1), both of
the same treaty, which ensures everyone a prompt and simple remedy to obtain, among
other results, that those who are responsible for human rights violations be prosecuted and
that reparation to those who suffered harm is provided. 64 As stated by the Inter-American
Court, Article 25 “is one of the fundamental pillars not only of the American Convention, but
of the very rule of law in a democratic society in the terms of the Convention,” since it
contributes decisively to ensure access to justice.65 In the Case of La Cantuta, the InterAmerican Court determined that access to justice constitutes a peremptory norm of
International Law (jus cogens) and, as such, generates erga omnes obligations for States to
adopt the measures necessary to avoid leaving such violations unpunished, whether
exercising their jurisdiction to apply domestic law and International Law to prosecute and, if
59
Cf. Case of the Mapiripan Massacre V. Colombia. Merits, Reparations and Costs. Judgment of September
15, 2005. Series C No. 134, para. 214; Case of of the Rochela Massacre V. Colombia. Merits, Reparations and
Costs. Judgment of May 11, 2007. Series C No. 163, para. 219; and Case of Manuel Cepeda Vargas V. Colombia.
Preliminary Objections, Merits, Reparations and Costs. Judgment of May 26, 2010. Series C No. 213, para. 139.
60
Cf. Case of Bulacio V. Argentina. Merits, Reparations and Costs. Judgment of September 18, 2003. Series
C No. 100, para. 114; and Case of Massacres El Mozote and nearby places V. El Salvador. Merits, Reparations and
Costs. Judgment of October 25, 2012. Series C No 252, para. 242.
61
Judicial Guarantees in States of Emergency (Arts. 27(2) and 8 of the American Convention on Human
Rights). Advisory Opinion OC-9/87 of October 6, 1987. Series to No. 9, para. 24. In this sense, Cf. Case of Ivcher
Bronstein V. Perú. Merits, Reparations and Costs. Judgment of February 6, 2001. Series C No. 74, paras. 136 and
137 and Case of “Five Pensioners” Vs Perú. Merits. Reparations and Costs. Judgment of February 28, 2003. Series
C No. 98, para. 136.
62
Cf. Case of “Juvenile Reeducation Institute” V. Paraguay. Preliminary Objections, Merits, Reparations and
Costs. Judgment of September 2, 2004. Series C No. 112, para. 245.
63
Cf. Case of Cantos V. Argentina. Preliminary Objections. Judgment of September 7, 2001. Series C No. 85,
para. 52.
64
Cf. Case of Castillo Páez V. Perú. Reparations and Costs. Judgment of November 27, 1998. Series C No.
43, para. 106.
65
Cf. Case of Castillo Páez V. Perú. Reparations and Costs. Judgment of November 27, 1998. Series C No.
43, para. 106.