185.
That is, in the above-mentioned case, the extraordinary remedy was the only one available to challenge
the conviction, as a result of which the limitation referred to regarding accessibility to the remedy of complaint
was analyzed in light of the requirements of Article 8.2 h) of the Convention, among which there is the element
of accessibility to the remedy. It must also be pointed out that Article 8.2 of the Convention is exclusively
applicable to criminal proceedings and, by virtue of case law extension, to proceedings of a punitive nature.
186.
In the instant case, however, it involves a civil lawsuit for damages where there was a judgment from
the courts of first instance and second instance. Therefore, the Commission does not consider that the
conclusion of the Inter-American Court regarding Article 280 of the CPCCN should be applied by analogy in a
case of the present nature.
G.
Rights to a fair trial and judicial protection regarding reparations for grave human rights
violations (Articles 8.1 and 25.1 of the Convention, in connection with its Articles 1.1 and 2)
1.
General considerations on the absence of statute of limitations for civil proceedings relative to
grave human rights violations
187.
First of all, the Commission wishes to stress that Article 2 of the American Convention entails the
adoption of measures along two main lines, namely: i) the annulment of norms and practices of any kind
whatsoever that might imply the violation of the guarantees protected by the Convention, or that fail to
recognize or else obstruct the rights recognized therein; and ii) the passing of laws and the development of
practices conducive to effective observance of such guarantees. The first set of obligations is not fulfilled as
long as the standard or practice violating the Convention is maintained in the legal system and, therefore, it is
fulfilled when the standards or practices having such effects are amended, repealed, or somehow nullified or
reformed, as the case may be.174
188.
The Commission has considered that the application of the statute of limitations to civil lawsuits
arising from crimes against humanity constitutes a disproportionate constraint on the possibility of obtaining
reparations. This is because, although the principle of legal security is aimed at contributing to public law and
order, the right to a judicial remedy to obtain reparations for crimes against humanity does not undermine this
principle, rather it strengthens it and contributes to its optimization. In addition, reparations for crimes against
humanity, because of the gravity of said crimes and their impact on society, beyond individuals, must be given
greater weight compared to the weight given to legal security.175
189.
The reasons for the absence of a treaty-based approach to enforcing the statute of limitations for a
criminal proceeding in this kind of case is related to the fundamental nature of clarifying the facts and securing
justice for the victims. Because of that, the Commission has contended that there are no reasons for applying a
different standard to an aspect that is equally fundamental such as reparations in these cases, because of which
judicial proceedings seeking reparations for harm caused as a result of grave human rights violations should
not be subject to any statute of limitations. 176 The Inter-American Court has issued the same ruling when
considering that “to the extent that the facts gave rise to civil lawsuits for reparations for damages that have
qualified as crimes against humanity, said proceedings should not be the subject of any statute of
limitations.”177
2.
Analysis of the case
190.
According to proven facts, on June 9, 1996, the Larrabeiti Yáñez siblings filed a civil lawsuit against the
national state for harm caused to them and their biological mother and father. On October 15, 2002, the Federal
Court of First Instance for Administrative Disputes convicted the national state to payment of US$600,000 for
IACHR. Report No. 52/16. Case 12.521. Merits. María Laura Órdenes Guerra et al. Chile. November 30, 2016, para. 109.
IACHR. Report No. 52/16. Case 12.521. Merits. María Laura Órdenes Guerra et al. Chile. November 30, 2016, paras. 130 and 131.
176 IACHR. Report No. 52/16. Case 12.521. Merits. María Laura Órdenes Guerra et al. Chile. November 30, 2016, para. 132.
177 I/A Court H.R. Case of Órdenes Guerra et al. v. Chile. Merits, Reparations, and Costs. Judgment of November 29, 2018. Series C No. 372,
para. 89.
174
175