8
16.
That, as the Court has indicated in its case law,5 no law or provision of
domestic law – including amnesty laws and the statute of limitations – can prevent a
State from complying with the requirement of the Court that it investigate and
punish those responsible for grave human rights violations. In particular, amnesty
provisions, rules concerning the statute of limitations, and the establishment of
factors that exclude responsibility intended to impede the investigation and
punishment of those responsible for grave human rights violations, are inadmissible,
because such violations are contrary to non-derogable rights recognized by
international human rights law.
17.
That, since the State has not complied with this aspect, the Court will
continue to monitor compliance with the judgment.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance
with Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on
Human Rights, 25(1) and 30 of its Statute, and 29(2) of its Rules of Procedure,
DECLARES:
1.
That the State has complied fully with the payment of interest on arrears in
this case.
2.
That, if the next of kin of Julio Pastor Ceballos do not claim the amounts
deposited in their favor in the corresponding financial institution within ten years,
the amounts shall be returned to the State with the accrued interest .
3.
That it will continue to monitor compliance with the aspect pending
fulfillment in this case, which is: to continue investigating the facts of this case and
to punish those who are found responsible.
AND DECIDES:
1.
To require the State to adopt the necessary measures to comply promptly
and effectively with the aspect pending compliance, which the Court ordered in the
judgment on reparations of September 14, 1996, in accordance with the provisions
of Article 68(1) of the American Convention on Human Rights.
2.
To request the State to submit a detailed report by October 2, 2006, at the
latest, indicating the status of compliance with the said aspect that is pending
fulfillment.
3.
To request the Inter-American Commission on Human Rights and the
representatives of the victims and their next of kin to submit their observations on
5
Cf. Case of Baldeón García, supra note 4, para. 201; Case of Blanco Romero et al. Judgment of
November 28, 2005. Series C No. 138, para. 98, and Case of Gómez Palomino. Judgment of November
22, 2005. Series C No. 136, para. 140.
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