2
5.
For international jurisdiction purposes suffice to make that last comment and, in any
event, explain –as even though not essential, in practice this may prove to be helpful in
tackling doubts and conflicting interpretations– that, because from the very moment of their
enactment they are in conflict with the international obligations of the State under the
ACHR, the so-called self-amnesty laws can produce no legal effects whether at the time of
being issued, at present or in the future. Basically, such laws are invalid –with no need for a
special decision so holding as, in any event, any such decision would be a mere declaration
of invalidity— from the very moment they conflict with the American Convention, a conflict
arising right from their inception in the domestic legal system, i.e. ab initio, as already
established by the Court.
6.
In its ruling in the Case of La Cantuta, the Court has ratified the decision based on
the interpretation of the Judgment rendered in the Case of Barrios Altos (of September
2001); such interpretation is certainly not the expression of a point of view or a
recommendation but a determination –made by way of genuine interpretation—of the scope
of said Judgment on the merits and reparations, an integral part of the same decision. The
interpretation does not incorporate a new order to the rulings contained in the judgment,
but clarifies the terms of that judgment. The judgment rendered in La Cantuta ratifies the
general applicability of the position adopted by the Inter-American Court in the Case of
Barrios Altos. As a matter of fact, the source of the violation lies in a general-scope
provision. The Court’s decision shares the same general scope.
7.
There would be no point in holding that a law is “in conflict with the Convention” in a
specific case, just to leave the source of the violation standing for future cases. Far from
providing a guarantee of non-repetition –a critical objective of the system of human rights
protection—, this would leave the door open to a repeat violation. It would be impracticable
–not to mention frustrating— to require new rulings by the Inter-American Court, covering
and dealing with an indefinite number of cases of the very same nature, submitted one by
one to the Court’s consideration, in order to obtain the relevant declaration that they are “in
conflict with the Convention.”
8.
Furthermore, the Court has also made it clear that the obligations undertaken by a
State upon becoming a party to the international convention on human rights are binding
upon that State as a whole. This extends to executive, legislative and judicial bodies, as well
as self-governed bodies outside of the domain of the three traditional branches, which are a
part of the State itself. Therefore, it is inadmissible for one of such bodies to refrain from
complying with an obligation that binds the State of which it is a part, or to directly act in
violation thereof, on the grounds that another body has failed to fulfill its own duties in the
general system for the adoption of and compliance with international obligations. This
notion calls for further consideration, exploring all sides and implications, and it obviously
points to the convenience of providing, also in this case, the timely and sufficient “bridge” to
link the international legal system and the domestic body of law and move past any doubt
or contradiction that might arise as a result of a lack of definition on this matter.
DUE PROCESS, RES JUDICATA AND NE BIS IN IDEM
9.
The Inter-American Court –as has also been the case with other international and
domestic courts— has laid down certain criteria regarding res judicata and the related
principle of ne bis in idem. Res judicata and the principle of ne bis in idem support legal
certainty and entail guarantees that are of major importance to all citizens and, specifically,
to defendants. However, res judicata involves a judgment carrying that effect: definition of
a right, immutability, finality. The guarantee of ne bis in idem is based on that assumption:
the prohibition of a new trial based on the same facts that were the subject-matter of a
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