38
that is in no way justifiable, regardless of its perpetrators or its objectives. Such violence warrants the
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most vigorous condemnation, as it is harmful to individuals and to society as a whole.
125. The States have an international obligation to fight terrorism in all its forms; individuals
have the right to be protected from acts of terrorism. The Commission has repeatedly held that the
member states of the OAS have an obligation, under international law, to adopt the measures necessary
to prevent, suppress, and eradicate terrorism and other forms of violence and ensure the safety of their
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citizens and other persons on their soil.
This includes the obligation to investigate, prosecute and
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punish acts of violence or terrorism,
which is yet another manifestation of the States’ international
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obligation to investigate acts that violate human rights and punish those responsible.
126. In the counter-terrorism struggle, States have an international obligation to fully respect
human rights. Ensuring fundamental human rights in these situations does not contradict the obligation of
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member states to protect their populations from terrorist violence.
It is a fundamental principle that the campaign
waged against terrorism and the protection of human rights and democracy are mutually reinforcing responsibilities:
“the very object and purpose of anti-terrorism initiatives in a democratic society is to protect democratic institutions,
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human rights and the rule of law, not to undermine them.”
127. Thus, the drafting, passage and enforcement of laws that criminalize terrorism are
important steps in preventing and punishing such terrorist conduct. As anti-terrorism measures and
unqualified observance of human rights are mutually reinforcing and intrinsically related, States have an
obligation to respect the guarantees of due process and the principles of legality and non-retroactivity of
criminal law.
128. The Inter-American Commission has written that the principle of legality is one of the
fundamental guarantees of due process and the right to a fair trial that States must take particular pains
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to observe in the course of waging their anti-terrorist strategies. In the words of the Commission, the
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I/A Court H.R., Case of Castillo Petruzzi et al., Judgment of May 30, 1999 (Merits, Reparations and Costs), Series C
No. 52, paragraph 89.
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IACHR, Ten Years of Activities 1971-1981), General Secretariat of the Organization of American States, 1982, p. 339.
IACHR, Case 11.182, Report No. 49/00, Molero Coca, Asencios Lindo et al. (Peru), paragraph 58. I/A Court H.R., Case of Neira
Alegría, Judgment of January 19, 1995, Ser. A No. 20. IACHR, Report on Terrorism and Human Rights, OEA/SER.L/V/II.116, Doc.
5 rev. 1, corr., October 22, 2002, paragraph 3.
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American Convention on Human Rights, Article 1(1); IACHR, Annual Report 1990-1991, Chapter V, Part II, p. 513; I/A
Court H.R., Case of Neira Alegría, Judgment of January 19, 1995, Ser. A No. 20. IACHR, Report on Terrorism and Human Rights,
OEA/SER.L/V/II.116, Doc. 5 rev. 1, corr., October 22, 2002, paragraph 22. See also, Declaration of Lima to Prevent, Combat and
Eliminate Terrorism, approved at the second plenary session of Ministers and Heads of Delegation of the member States of the
OAS for the Inter-American Specialized Conference on Terrorism, April 26, 1996, paragraph 5 of which states that terrorist acts are
serious common crimes or felonies and, as such, should be tried by national courts in accordance with domestic law and the
guarantees provided by the rule of law.
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I/A Court H.R., Case of El Amparo, Reparations and Costs (Article 63(1) American Convention on Human Rights),
Judgment of September 14, 1996, Series C No. 28, paragraphs 53-55 and 61. IACHR, Report on Terrorism and Human Rights,
OEA/SER.L/V/II.116, Doc. 5 rev. 1, corr., October 22, 2002, paragraph 33.
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IACHR, Report on Terrorism and Human Rights, OEA/SER.L/V/II.116, Doc. 5 rev. 1, corr., October 22, 2002, Preface.
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IACHR, Report on Terrorism and Human Rights, OEA/SER.L/V/II.116, Doc. 5 rev. 1, corr., October 22, 2002,
Executive Summary, paragraph 2.
A number of international treaties and instruments contain a similar provision, one of which is the Inter-American
Convention against Terrorism (General Assembly resolution AG/Res.1840 (XXXII/O-02), June 3, 2002, to which Chile is party.
The Commission has issued various pronouncements that incorporate these principles. See. IACHR, Ten Years of
Activities 1971-1981, OAS General Secretariat, 1982, p. 339. IACHR, Annual Report 1990-1991, Chapter V, p. 512. IACHR, Report
on Terrorism and Human Rights, OEA/SER.L/V/II.116, Doc. 5 rev. 1, corr., October 22, 2002, Executive Summary, paragraph 3.
IACHR, Report on Terrorism and Human Rights, OEA/SER.L/V/II.116, Doc. 5 rev. 1, corr., October 22, 2002, paragraph 22.
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IACHR, Report on Terrorism and Human Rights, OEA/SER.L/V/II.116, Doc. 5 rev. 1, corr., October 22, 2002,
paragraphs 225-226, and Executive Summary, paragraph 17.