Appendix VI: Impunity and International Human Rights Law
| Date | 01 June 1992 |
| Published date | 01 June 1992 |
| DOI | 10.1177/016934419201000216 |
| Subject Matter | Part C: Appendices |
Appendix VI /Impunity and International Human Rights
Law
APPENDIX
VI
IMPUNITY
AND INTERNATIONAL HUMAN
RIGHTS
LAW
The Inter-American Commission's Reports on cases 10147, 10181, 10240,
10262,10309 and 10310 against Argentina; and cases 10029,10036,109305,
10372, 10373, 10374 and 10375 against Uruguay
Introduction
Argentina and Uruguay, as well as other countries in the aftermath
of
along
period of dictatorship, were faced with the problem of how to deal with the
past. Since both countries, in one form or another, had not done away with the
political influence exercised by the Armed Forces, the governments succeeding
the military regimes devised various ways to ensure that the members of those
Forces would not be punished for the humanrights violations they might have
committed. Obviously, the victims of these violations did not agree with the
measures taken and decided to bring cases before the Inter-American
Commission on Human Rights alleging that by providing impunity for the
human rights violators, Argentina and Uruguay had violated the American
Convention on Human Rights, to which both States are
party.'
The Commis-
sion agreed with the petitioners issuing on 4 October 1991, two reports which
are commended below.
It
is a pity that the Commission did not elaborate more
in its arguments, since this is a major topic for human rights in Latin America.
It
is also to be regretted that the Commission apparently decided not topublish
the reports - although certainly publicity was here called for - and that in a
matter which is purely legal interpretation none
of
the cases were sent to the
Court.
Cases against Argentina
Immediately after taking office, the government of Raoul Alfonsin took the
courageous step
of
bringing to trial former military leaders, who were convicted
and sentenced for the perpetration of extremely serious human rights violations.
1 See with regard to arguments in favor of the petitioners, Robert K. Goldman, "Amnesty Laws,
International Law and the American Convention on Human Rights", in: The
Law
Group
Docket, International Human Rights Law Group, Vol. 6, Summer
198~.
261
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