Diálogo entre la Corte Interamericana de Derechos Humanos y el Tribunal Europeo de Derechos HumanosA propósito de las leyes de amnistía

Resumo

A strong, but limited consensus exists regarding Inter-American Court of Human Rights (IACHR) and the European Court of Human Rights (ECHR) jurisprudence on the incompatibility of amnesty laws and other measures involving the effective protection of human rights that move away from the principles of justice by establishing exemptions from responsibility and openly allow for impunity. Therefore, international standards in this area support the conclusion that any measure which prevents the obligation of States to investigate, prosecute and punish perpetrators of serious international crimes that contravene non-derogable rights recognized by international human rights law shall be declared null and void. Such a claim asks that States to fulfill their duty in carrying out a direct application of justice.