84
this issue, bind the States of the region to collaborate in good faith in this respect,
either by conceding extradition or prosecuting those responsible for the facts of this
case on their territory.
*
*
*
133. It has been shown that, even though these criminal proceedings were
instituted to clarify the facts, they have not been effective to prosecute and, if
applicable, punish those responsible, as indicated above. Although some individuals
have been convicted in first and second instance, the proceedings have not
concluded; thus, the State has not punished all those criminally responsible for the
illegal acts that are the subject of the application. In the context of impunity that has
been verified, the judicial recourses have not been effective and time plays an
important role in eliminating all traces of the crime, rendering the judicial protection
embodied in Articles 8(1) and 25 of the American Convention illusory. The Court
considers, therefore, that the State is responsible for the violation of the rights
embodied in these articles, in relation to Article 1(1) of this Convention, to the
detriment of Agustín Goiburú Giménez, Carlos José Mancuello Bareiro, Rodolfo
Ramírez Villalba and Benjamín Ramírez Villalba, as well as of their next of kin;
namely, Elva Elisa Benítez Feliú de Goiburú, Rogelio Agustín Goiburú Benítez,
Rolando Agustín Goiburú Benítez, Patricia Jazmín Goiburú Benítez, Rosa Mujica
Giménez, Gladis Ester Ríos de Mancuello, Claudia Anahí Mancuello Ríos, Carlos
Marcelo Mancuello Ríos, Ana Arminda Bareiro de Mancuello, Mario Mancuello, Ana
Elizabeth Mancuello Bareiro, Hugo Alberto Mancuello Bareiro, Mario Andrés Mancuello
Bareiro, Emilio Raúl Mancuello Bareiro, Fabriciana Villalba de Ramírez, Lucrecia
Ramírez de Borba, Eugenia Adolfina Ramírez de Espinoza, Sotera Ramírez de Arce,
Sara Diodora Ramírez Villalba, Mario Artemio Ramírez Villalba, Herminio Arnoldo
Ramírez Villalba, Julio Darío Ramírez Villalba and María Magdalena Galeano.
87
Cf. Charter of the United Nations signed on June 26, 1945, Preamble and Article 1(3); Universal
Declaration of Human Rights, adopted and proclaimed by General Assembly Resolution 217 A (iii) of
December 10, 1948; the United Nations International Covenant on Civil and Political Rights, General
Assembly Resolution 2200 A (XXI) of December 16, 1966; Geneva Conventions of August 12, 1949, and
their Protocols; Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes
against Humanity; General Assembly Resolution 2391 (XXIII) of November 26, 1968; Convention on the
Prevention and Punishment of the Crime of Genocide, General Assembly Resolution 260 A (III) of
December 9, 1948; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, General Assembly Resolution 39/46 of December 10, 1984; Declaration on the Protection of
All Persons from Forced disappearances, G.A. Res. 47/133, 47 U.N. GAOR Supp. (no. 49) at 207, U.N.
Doc. A/47/49 (1992), article 14; United Nations Principles on the Effective Prevention and Investigation of
Extra-legal, Arbitrary and Summary Executions, E.S.C. Res. 1989/65, U.N. Doc. E/1989/89 para. 18 (May
24, 1989); United Nations Principles of international co-operation in the detection, arrest, extradition and
punishment of persons guilty of war crimes and crimes against humanity, G.A. Res. 3074, U.N. Doc.
A/9030 (1973); Resolution on the Question of the Punishment of War Criminals and of Persons who have
Committed Crimes against Humanity, G.A. Res. 2840, U.N. Doc. A/Res/2840 (1971); draft Code of Crimes
against the Peace and Security of Mankind of the International Law Commission, 1996; International
Convention for the Protection of All Persons from Forced disappearance, United Nations Human Rights
Council, first session, agenda item 4, A/HRC/1/L.2, June 22, 2006; Declaration on Territorial Asylum,
adopted by the United Nations General Assembly, Resolution 2312 (XXII) of December 14, 1967, and
United Nations Convention relating to the Status of Refugees, 189 U.N.T.S. 150, adopted on July 28,
1951, by the Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons (United
Nations) convened by the General Assembly in its Resolution 429 (V), of December 14, 1950.
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