victims of human rights violations to know the truth and obtain justice, and
that the Court “did not limit its application to crimes against humanity or to
those that are inalienable under other international treaties, but rather it
continued to consolidate the jurisprudence of the Court in the sense that
certain procedural concepts are inadmissible in cases of ‘serious violations of
human rights.’” The Commission also noted that it was not unaware of the
decision by the Court in the case of Albán Cornejo v. Ecuador “in the sense
that in that case the application of a statute of limitation was not at hand,
given that the facts were not imprescribtable in the terms covered by the
relevant international treaties.” However, the Commission referred to what it
called “factual differences” between said case and the present case, and
mentioned that under a “comprehensive analysis of the Court's
pronouncements on the subject in the Inter-American System, the exclusion
of the statute of limitations has gone beyond the assumptions of applicability
enshrined in international treaties, providing more relevance, in some cases,
to the rights of the victims or their relatives to know the truth of what
happened and to obtain justice and reparation.”
115. The Commission considered as a basis of its request, the fact that “the
various violations to the right to life and personal integrity occurred as a
consequence of a series of actions and omissions that occurred between April
12 and 23, 1993, without the possibility of determining one single factor that
caused the suffering and subsequent death of Mr. Vera Vera[; said] actions
and omissions were committed by various police, ministerial, and judicial
authorities, as well as by medical personnel[.]” It indicated that the “possible
nature of the specific role and level of responsibility could not be established
with certainty in the framework of the present international proceeding.” On
the other hand, it also noted that in the present case, there were “various
elements that allowed for the determination of the severity of the violation[.]”
Lastly, it argued that “the passage of time that made the statute of limitation
applicable in the present case, occurred as a consequence of clear
negligence.”
116. The Court will analyze the arguments of the Inter-American
Commission, which basically consist of the following points: a) the nonapplicability of the statute of limitations has followed even in cases that do
not relate to gross violations of human rights; b) seriousness of the violations
in this case; c) the chain of events and level of involvement of different
authorities makes it impossible to establish with certainty the responsibilities
in this international process, to which the investigation should be handled
domestically; d) time passed because of the negligence of State authorities,
and e) the need for a review trial of the rights of the accused and the rights of
the victims or their families.
117. In the first place, regarding point a), the Court has noted that in
criminal cases, the statute of limitations causes the lapse of time to terminate
the right to bring action for punishment and, as a general rule, it sets a
restriction on the punishing authority of the State to prosecute and punish
defendants for unlawful conduct.124 As noted by the Commission, the Court
124
Cf. Case of Albán Cornejo et al. V. Ecuador, supra note 38, para. 111, and Case of Ibsen
Cárdenas and Ibsen Peña V. Bolivia, supra note 94, para. 207.
45
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