83
as to prevent them and avoid them remaining unpunished. Consequently, faced with
the gravity of certain offenses, the norms of international customary and treatybased law establish the obligation to prosecute those responsible. This acquires
particular relevance in cases such as this, because the facts occurred in a context of
the systematic violation of human rights – both offenses constituting crimes against
humanity – and this gives rise to the States’ obligation to ensure that such conduct is
criminally prosecuted and the perpetrators punished.
129. Having established the broad scope of the international obligations erga
omnes against the impunity of grave human rights violations, the Court reiterates
that, in the terms of Article 1(1) of the American Convention, the States are obliged
to investigate human rights violations and prosecute and punish those responsible.
130. The full exercise of justice in this type of case imposed on Paraguay the
compulsory obligation to have requested the extradition of the accused promptly and
with due diligence. Consequently, according to the general obligation of guarantee
established in Article 1(1) of the American Convention, Paraguay should adopt the
necessary measures, of a diplomatic and judicial nature, to prosecute and punish all
those responsible for the violations committed, which includes furthering the
corresponding extradition requests by all possible means. The inexistence of
extradition treaties does not constitute a motive or justification for failing to institute
a request of this type.
131. Consequent with the foregoing, given the nature and gravity of the facts,
particularly since they occurred in a context of systematic human rights violations,
the need to eliminate impunity establishes an obligation for the international
community to ensure inter-State cooperation to this end. Impunity will not be
eliminated unless it is accompanied by the determination of the general responsibility
(of the State) and the specific criminal responsibility (of its agents or of individuals),
which are complementary. Access to justice is a peremptory norm of international
law and, as such, gives rise to obligations erga omnes for the States to adopt all
necessary measures to ensure that such violations do not remain unpunished, either
by exercising their jurisdiction to apply their domestic law and international law to
prosecute and, when applicable, punish those responsible, or by collaborating with
other States that do so or attempt to do so.
132. Hence, extradition is an important instrument to this end. The Court therefore
deems it pertinent to declare that the States Parties to the Convention should
collaborate with each other to eliminate the impunity of the violations committed in
this case, by the prosecution and, if applicable, the punishment of those responsible.
Furthermore, based on these principles, a State cannot grant direct or indirect
protection to those accused of crimes against human rights by the undue application
of legal mechanisms that jeopardize the pertinent international obligations.
Consequently, the mechanisms of collective guarantee established in the American
Convention, together with the regional86 and universal87 international obligations on
86
Cf. Charter of the Organization of American States, Preamble and article 3(e); Inter-American
Convention to Prevent and Punish Torture; Inter-American Convention on Forced Disappearance of
Persons; and Resolution No. 1/03 of the Inter-American Commission on Human Rights on Trial for
International Crimes.
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