63
appropriate penalties has been frustrated; to the extent that the legal consequences
of the law regarding the right to judicial guarantees are incompatible with the
[A]merican Convention [on] Human Rights. 245
To summarize, the unlawfulness of an amnesty law enacted for the benefit of military
and police officials who committed [serious violations of human rights], whom enjoy
impunity during de facto regimes, has been declared by courts, of both the
international community and the States that went through similar processes
experienced by Uruguay during the same period in time. Such rulings, given the
similarity with the issue under analysis and the relevance they have had, could not be
ignored in the examination of the constitutionality of Law [No.] 15.848 and have been
taken into account by the Corporation to issue the present ruling.246
168. Finally, the Constitutional Court of Colombia, in various cases, has taken
into consideration the international obligations in cases of serious human rights
violations and the obligation to avoid the application of domestic amnesty
provisions:
Forms such as the laws of final measure that impede access to justice, the
blank amnesties for any crime, the self-amnesties (namely, the criminal
benefits which the legitimate and illegitimate holders of power grant
themselves and whom were accomplices in the crimes committed), or
whichever other form it takes so as to prevent victims from a obtaining an
effective judicial recourse to make their rights count, have been considered as
being in violation of the international obligation of States to promote legal
remedies for the protection of human rights.247
169. Moreover, the Supreme Court of Justice of Colombia indicated that “the
norms related to [hu]man [r]ights form part of the great group of provisions of
General International Law, those of which are recognized as ius cogens norms,
reason for which, they are irrevocable, imperative […] and non-disposable.”248
The Supreme Court of Colombia recalled that the jurisprudence and
recommendations of international organisms on human rights must serve the
preferential criteria of interpretation in both constitutional and ordinary justice
and cited the jurisprudence of this Court regarding the unacceptability of the
amnesty provisions for cases of serious human rights violations.249
170. As is evident from the content of the preceding paragraphs, all of the
international organs for the protection of human rights and several high courts of
the region that have had the opportunity to rule on the scope of amnesty laws
regarding serious human rights violations and their compatibility with
international obligations of States that issue them, have noted that these
amnesty laws impact the international obligation of the State to investigate and
punish said violations.
171. This Court has previously ruled on the matter and has not found legal
basis to part from its constant jurisprudence that, moreover, coincides with that
245
Supreme Court of Justice of Uruguay, Case of de Nibia Sabalsagaray Curutchet, supra note
242, Considering clause III.8, para. 11.
246
Supreme Court of Justice of Uruguay, Case of de Nibia Sabalsagaray Curutchet, supra note
242, Considering clause III.8, para. 15.
247
Constitutional Court of Colombia, Review of Law 742, of June 5, 2002, Case file No. LAT-223,
Sentencia C-578/02, of July 30, 2002, section 4.3.2.1.7.
248
Supreme Court of Justice of Colombia, Chamber of Criminal Annulment. Case of the Segovia
Massacre. Act number 156, of May 13, 2010, page. 68.
249
Cf. Supreme Court of Justice of Colombia, Chamber of Criminal Annulment. Case of the
Segovia Massacre, supra note 248, pages. 69 and 71.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos