A new chapter in search for truth and justice
Amnesty
International welcomes the decision of the Argentine Senate to declare
the Full Stop and Due Obedience laws null and void. These laws, also known
as the amnesty laws, have blocked the investigation of thousands of cases
of human rights abuses committed during the time of the military governments
of 1976-1983.
"After
years of frustration, thousands of victims of human rights violations
and their families can finally begin their search for truth and justice,"
Amnesty International said. "The vote to annul these laws also sends
a powerful message that there is no legal hiding place for perpetrators
of human rights violations in Argentina."
Following
the vote by the Chamber of Deputies declaring the laws null and void,
the Senate's approval was required for the annulment to enter into
Argentine legislation. The decision opens the way for judicial proceedings
in thousands of cases concerning victims of "disappearance",
torture, and extrajudicial execution, committed under the period of military
rule.
The constitutionality of the annulment is, however, likely to be challenged
in the courts. The Argentine Supreme Court is due to make a final ruling
on the constitutionality of the amnesty laws, following recent decisions
by Argentine judges ruling them null, void and unconstitutional.
"The
Argentine judiciary should follow the positive lead of the country's executive
and legislative powers to now declare the amnesty laws unconstitutional,
in full accordance with international law," Amnesty International
said.
The
organisation also welcomed the senate's decision to grant constitutional
statutes to the United Nations Conventions on the Non-Applicability of
Statutes of Limitation of War Crimes and Crimes against Humanity.
Background
Approved by the Argentine Congress in 1986 and 1987 respectively, the
Full Stop and Due Obedience laws have obstructed investigations into human
rights violations committed under the Argentine military governments.
Although the laws were repealed in March 1998, the repeal was interpreted
as being without retroactive effect, meaning that human rights abuses
committed during the military governments remained covered by them.
The
United Nations Human Rights Committee, the Inter-American Commission on
Human Rights and the Inter-American Court of Human Rights of the Organisation
of American States (OAS) have stated that amnesties and other measures
allowing those responsible for human rights violations to go unpunished
are incompatible with States' international obligations.
The
National Commission on Disappeared People (CONADEP), created by the Argentine
government in 1983, documented 8,960 cases of "disappearances"
during the period of military rule and indicated that the true figure
could be even higher.
Source:
Amnesty International.