Chapter 8 • International Legal Standards for the Protection of Persons Deprived of Their Liberty
Lastly, with regard to the problem of impunity, the Human Rights
Committee has stated that “amnesties are generally incompatible with the duty of States
to investigate such acts; to guarantee freedom from such acts within their jurisdiction;
and to ensure that they do not occur in the future”.11 On the issue of amnesty laws the
Human Rights Committee and the Committee against Torture thus concur. In this
respect the Human Rights Committee has said that “States may not deprive individuals
of the right to an effective remedy, including compensation and such full rehabilitation
as may be possible.”12
*****
The Inter-American Court of Human Rights has explained States’ obligations
inter alia under article 1 of the American Convention on Human Rights in some detail.
With regard to the obligation to “ensure ... the free and full exercise” of the rights and
freedoms guaranteed by the Convention, it has thus stated that it
“... implies the duty of the States Parties to organize the governmental
apparatus and, in general, all the structures through which public power is
exercised, so that they are capable of juridically ensuring the free and full
enjoyment of human rights. As a consequence of this obligation, the States
must prevent, investigate and punish any violation of the rights recognized
by the Convention and, moreover, if possible attempt to restore the right
violated and provide compensation as warranted for damages resulting
from the violation.”13
The Court added in this respect that
“The obligation to ensure the free and full exercise of human rights is not
fulfilled by the existence of a legal system designed to make it possible to
comply with this obligation – it also requires the government to conduct
itself so as to effectively ensure the free and full exercise of human
rights.”14
This means, in particular, allowing the Judiciary, the prosecuting
authorities and lawyers to pursue their work effectively and independently of the
governmental authorities.
*****
In a case concerning the alleged rape and ill-treatment of a female detainee,
the Aydin case, the European Court of Human Rights recalled that article 13 of the
European Convention on Human Rights “guarantees the availability at the national
level of a remedy to enforce the substance of the Convention rights and freedoms in
whatever form they might happen to be secured in the domestic legal order”.
11 General Comment No. 20, United Nations Compilation of General Comments, p. 141, para. 15.
12 Ibid., loc. cit.
13 I-A Court HR, Velásquez Rodríguez Case, judgment of July 29, 1988, Series C, No. 4, p. 152, para. 166.
14 Ibid., para. 167.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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