55
148. As it has been decided prior, this Court has ruled on the non-compatibility
of amnesties with the American Convention in cases of serious human rights
violations related to Peru (Barrios Altos and La Cantuta) and Chile (Almonacid
Arellano et al.).
149. In the Inter-American System of Human Rights, of which Brazil forms part
by a sovereign decision, the rulings on the non-compatibility of amnesty laws
with conventional obligations of States when dealing with serious human rights
violations are many. In addition to the decisions noted by this Court, the InterAmerican Commission has concluded, in the present case and in others related to
Argentina,198 Chile,199 El Salvador,200 Haití,201 Perú,202 and Uruguay,203 its
contradiction with international law. Moreover, the Commission recalls that:
it has ruled on numerous occasions in key cases wherein it has had the
opportunity to express its point of view and crystallize its doctrine in regard to
the application of amnesty laws, establishing that said laws violate various
provisions of both the American Declaration as well as the Convention. These
decisions which coincide with the criteria of other international organs on human
rights regarding amnesties, have declared in a uniform manner that both the
amnesty laws as well as other comparable legislative measures that impede or
finalize the investigation and judgment of agents of [a] State that could be
responsible for serious violations of the American Declaration or Convention,
violate multiple provisions of said instruments.204
150. In the universal system, in its report to the Security Council, entitled The
rule of law and transitional justice in societies that suffer or have suffered
conflicts, the Secretary General of the United Nations noted that:
[…] the peace agreements approved by the United Nations cannot promise
amnesty for crimes of genocide, war, or crimes against humanity, or serious
infractions of human rights […].205
198
Cf. IACHR. Report No. 28/92, Cases 10.147; 10.181; 10.240; 10.262; 10.309, and 10.311.
Argentina, of October 2, 1992, paras. 40 and 41.
199
Cf. IACHR. Report No. 34/96, Cases 11.228; 11.229; 11.231, and 11.282. Chile, of October
15, 1996, para. 70, and IACHR. Report No. 36/96. Chile, of October 15, 1996, para. 71.
200
Cf. IACHR. Report No. 1/99, Case of 10.480. El Salvador, of January 27, 1999, paras. 107
and 121.
201
Cf. IACHR. Report No. 8/00, Case of 11.378. Haití, of February 22, 2000, paras. 35 and 36.
202
Cf. IACHR. Report No. 20/99, Case of 11.317. Perú, of February 23, 1999, paras. 159 and
160; IACHR. Report No. 55/99, Cases 10.815; 10.905; 10.981; 10.995; 11.042 and 11.136. Perú, of
April 13, 1999, para. 140; IACHR. Report No. 44/00, Case of 10.820. Perú, of April 13, 2000, para.
68, and IACHR. Report No. 47/00, Case of 10.908. Perú, April 13, 2000, para. 76.
203
Cf. IACHR. Report 29/92. Cases 10.029, 10.036, and 10.145. Uruguay, of October 2, 1992,
paras. 50 and 51.
204
IACHR. Report No. 44/00, Case of 10.820. Perú, of April 13, 2000, para. 68, and IACHR.
Report No. 47/00, Case of 10.908. Perú, of April 13, 2000, para. 76. In the same sense, cf. IACHR.
Report No. 55/99, Cases 10.815; 10.905; 10.981; 10.995; 11.042, and 11.136. Perú, of April 13,
1999, para. 140.
205
Report of the Secretary-General to the United Nations Security Council. The rule of law and
transitional justice in conflict and post-conflict societies. U.N. Doc. S/2004/616, of August 3, 2004,
para. 10.
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