16
54.
As a reaction of the universal legal conscience (which to me constitutes the ultimate
material source of the whole Law), in our times a truly universal legal system of absolute
prohibition of torture, of forced disappearances of people and of summary and extra-legal
executions has been constituted. The said prohibition belongs to the scope of jus cogens.
And said crimes against humanity (located in the confluence of International Human Rights
Law and International Criminal Law) as pointed out by the Court in its Judgment in the case
of Almonacid and has just repeated so in this Judgment of the case La Cantuta, affect not
only those victimized, but also humankind as a whole (para. 225).
55.
Thus the State duty of investigating, suing and punishing those who were liable, in
order to avoid the repetition of such serious facts as the ones of this case. Furthermore, the
Court added that,
"(...) The State shall not allege any law or domestic law provision so as to be exempted
from the Court order to investigate and criminally punish those responsible for the events of La
Cantuta. Particularly, as it has proceeded since the passing of Judgment by this Court in the case
of Barrios Altos versus Perú, the State shall not apply amnesty laws again, as they generate no
effects in the future (...), nor shall it allege prescription, non-retroactivity of criminal law, nor the
principle of non bis in idem (...), or any other similar responsibility exemption so as to remain
free from its duty to investigate and punish those responsible. (...)
(...) Also, by virtue of the effectiveness of the collective guarantee mechanism set forth
under the Convention, the States Parties must cooperate with each other so as to eradicate the
impunity of the violations committed in this case through the prosecution, and, should it be the
case, the punishment of the responsible parties” (paras. 226-227).
56.
Legal conscience has finally awaken to reveal at present with transparence the
occurrence of true State crimes, which are brought before a human rights international
court (as this Inter-American Court), and to promptly react against them, -which would
probably be unthinkable, or could not be anticipated, some decades ago. However, this is
what happens today, as testified by the Judgments of this Court in the cases of Barrios Altos
vs. Peru (of March 14, 2001), of Myrna Mack vs. Guatemala (of November 25, 2003), of
Masacre de Plan de Sánchez vs. Guatemala (of April 29, 2004 and November 19, 2004), of
Masacre de Mapiripán vs. Colombia (of March 7, 2004), of the massacre of Comunidad
Moiwana vs. Surinam (of June 15, 2005), of Masacres de Ituango vs. Colombia (of July 01,
2006), of Goiburú y Otros vs. Paraguay (of September 22, 2006), of Almonacid Arellano y
Otros vs. Chile (of September 26, 2006), and of Prisión de Castro Castro vs. Peru (of
November 25, 2006), among others.
57.
Along this jurisprudencial evolution, I have insisted, in successive Opinions I let the
Court know, in the occurrence of true State crimes, with their legal consequences. Not long
ago, in my Separate Opinion in the case of the Castro Castro Prison (of November 25,
2006), in this same ordinary term of sessions of the Court, I made a warning regarding the
recurrence of the State crime and to remember the forgotten legal thought on the matter
(paras. 40-51). And I added that the conception of a State crime
"entails to the “progressive development” itself of International Law. It presupposes the
existence of former and above the State rights , the violation of which, to the detriment of human
being, is particularly serious and damages the international legal system itself. The latter
provides universal values, as it inhibits said serious and damaging violations, and it seeks to
guarantee the international ordre juridique.
Furthermore, it expresses that the belief that certain behaviors -which constitute or are
part of a State policy - are inadmissible and generate the aggravated international liability of the
State, with its legal consequences. It signals the path to be followed towards the construction of
an organized international community, of the new jus gentium of the 21st century, of the
International Law for humankind.” (...)
The State crime effectively entails legal consequences, -this being inevitable-, with direct
incidence in the reparations owed to the victims and their next of kin. One of the consequences
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