the Nation, 315 the Supreme Court of Justice of Chile, 316 the Constitutional Court of Peru, 317 the
Supreme Court of Justice of Uruguay, 318 the Supreme Court of Justice of Honduras, 319 the
Constitutional Chamber of the Supreme Court of Justice of El Salvador, 320 and the
Constitutional Court 321 and the Supreme Court of Justice of Colombia. 322
287. As revealed by the preceding paragraphs, all the international human rights bodies and
various national high courts of the region that have had occasion to rule on the scope of
amnesty laws in relation to gross human rights violations and the incompatibility of such laws
with the international obligations of the States that enact them have concluded that these
laws violate the international obligation of the States to investigate and punish such violations.
288. The Inter-American Court has established that “amnesty provisions, statutory
limitations, and the establishment of exclusions of responsibility that are intended to prevent
the investigation and punishment of those responsible for serious violations of human rights,
such as torture, summary, extrajudicial or arbitrary executions, and enforced disappearance
are not admissible, and are all prohibited because they contravene non-derogable rights
recognized by international human rights law.” 323
289. In this regard, in cases of serious violations of human rights, amnesty laws are clearly
incompatible with the letter and spirit of the Pact of San José, because they contravene the
provisions of its Articles 1(1) and 2, by preventing the investigation and punishment of those
responsible for such serious human rights violations and, consequently, the access of the
victims and their next of kin to the truth of what happened and to the corresponding
reparations. Thus, they obstruct the full, prompt and effective reign of justice in the pertinent
cases and, to the contrary, they promote impunity and arbitrariness as well as gravely
affecting the rule of law. It is for these reasons that it has been declared that, in light of
international law, such laws lack legal force.
Cf. Supreme Court of Justice of the Nation, Argentina. Appeal. Judgment of June 14, 2005, Case of Julio Héctor
Simón et al., case No. 17.768, consideranda 31 to 34.
315
316
Cf. Second Chamber of the Supreme Court. Cassation judgment on form and merits. November 17, 2004, Case
No. 517-2004, consideranda 33 to 35; Supreme Court of Justice of Chile, Case of Claudio Abdón Lecaros Carrasco
accused of the crime of abduction, Case No. 47,205, Appeal No. 3302/2009, Ruling 16698, Appeal judgment, and
Ruling 16699, Replacement judgment of May 18, 2010, consideranda 1 to 3.
317
Cf. Constitutional Court of Peru, Case of Santiago Martín Rivas, Special appeal, Case file No. 4587-2004-AA/TC,
Judgment of November 29, 2005, paras. 30, 52, 53, 60 and 63.
318
Supreme Court of Justice of Uruguay, Case of Nibia Sabalsagaray Curutchet, Judgment No. 365 paras. 8 and 9.
Supreme Court of Justice of the Republic of Honduras, proceedings entitled: “RI20-99–Unconstitutionality of
Decree No. 199-87 and Decree No. 87-91.” June 27, 2000.
319
320
Cf. Constitutional Chamber of the Supreme Court of Justice of El Salvador, Judgment 24-97/21-98 of September
26, 2000. Also, in 2016, the same Constitutional Chamber declared the unconstitutionality of the Salvadoran Amnesty
Law because it prevented compliance with the State obligations of prevention, investigation, prosecution, punishment
and reparation of serious human rights violations and crimes against humanity. Constitutional Chamber of the
Supreme Court of Justice of El Salvador, judgment 44-2013/145-2013, of July 13, 2016.
321
Cf. Constitutional Court of Colombia. Judgment of July 30, 2002, C-578/02, Review of Law 742, paragraph 2.1.7.
- 4.3.2.1.7: “Devices such as the “full stop” laws that obstruct access to justice, blanket amnesties for any crime,
self-amnesties (that is, the generous terms that those in power, legitimately or illegitimately, grant themselves and
those who were their accomplices in the crimes committed), or any other means that has the purpose of preventing
the victims from accessing an effective judicial remedy to assert their rights, have been considered violations of the
international obligation of States to provide judicial remedies for the protection of human rights.”
322
Supreme Court of Justice of Colombia, Criminal Cassation Chamber. Ruling 33118 of May 13, 2010, Record 156,
Segovia Massacre.
323
Cf. Case of Barrios Altos v. Peru. Merits, para. 41; Case of the Las Dos Erres Massacre v. Guatemala. Preliminary
objection, merits, reparations and costs. Judgment of November 24, 2009. Series C No. 211, para. 129, and Case of
Gomes Lund et al. (Guerrilha do Araguaia) v. Brazil, para. 171.
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