Amnesties in Latin America: defending justice and the Right to Know the Truth Opinion article by Navi Pillay, UN High Commissioner for Human Rights Humanos. La sentencia reciente de la Corte Interamericana de Derechos Humanos que ordena a Brasil revisar su ley de amnistía representa un hito crucial en la lucha contra la impunidad en una región que todavía tiene que comprender plenamente y hacer frente a las atrocidades cometidas durante varios de los conflictos internos en las últimas décadas. Las leyes de amnistía que ignoran intencionalmente los abusos de derechos humanos no solo distorsionan los registros históricos que cada país tiene que formular, sino también minimizan el sufrimiento de las víctimas y merman su derecho a saber la verdad y obtener una reparación.
Los gobiernos suelen justificar su recurrencia a las leyes de amnistía general name for reconciliation, national or community. History shows, however, that shielding of accountability to the authors, while denying justice and reparation to victims, is likely to provoke further conflict rather than heal the wounds of the past. When you have granted amnesties in the eagerness and anxiety to turn the page of conflict, or for more sinister reason to conceal the abuse, its repeal should always be an option open that should take the earliest opportunity.
However, in South America and elsewhere, oblivion is still active and timely promoted through new and old laws. This is despite the fact that, as the Court of Human Rights stated, leaving helpless victims and perpetuate impunity in practice or legally mandated actions are clearly inconsistent with the letter and spirit of the American Convention on Human Rights Human.
A case of this is Brazil, where the Superior Court of Justice denied the possibility of amending the 1979 amnesty law, saying that the crimes committed during the dictatorship were nothing but "political acts." In Chile, the amnesty law remains in place 32 years after its enactment and despite international condemnation of the failed attempts to convict the former Chilean dictator Augusto Pinochet. Moreover, the possibility of granting a pardon to certain human rights violators, to mark the Bicentenary in September, is being discussed these days.
In Uruguay, the government had to intervene at the last minute to prevent the enactment of a bill that would have allowed the release of perpetrators of human rights violations because of their age.
In this context, measures to improve accountability are even more remarkable. In Argentina, the country with the largest number of human rights trials in the world, the courts continue presiding over cases involving crimes against humanity and serious violations of human rights committed during the dirty war of 1976-1983 in that country. The former dictator Rafael Videla is back in court for human rights abuses committed at that time.
Argentina has shown that knowledge of truth is a right that has no statute of limitations. It is also a right that nobody can deny or resign. Every person and every society has the right to know who violate human rights and know why, when, where and how the crimes were committed and to be informed about the fate of the victims.
Amnesties that bury the truth and absolve those responsible for past crimes human rights can undermine the prospect of building just and secure societies in the future. Impunity fosters resentment and distrust of government institutions. Have inspired some to commit new crimes and can encourage others to join the ranks of the violators of human rights.
UN position regarding the amnesty can not be clearer: they are not eligible if they avoid the trial of persons who may be criminally responsible for war crimes, genocide, crimes against humanity or gross violations of human rights , including crimes that specifically target women and related crimes gender.
The exercise of these rights is incompatible with impunity law or fact. Western Hemisphere countries should heed the ruling of the Court and deliver justice so long denied to victims of human rights violations.
