Este reporte fue elaborado por Oswaldo
Ruiz-Chiriboga.
El Centro de Derechos Humanos de la Universidad de Gante (Bélgica)
publicó un número especial de la Revista Interamericana y Europea de Derechos
Humanos, editado por Clara Burbano-Herrera y Oswaldo Ruiz-Chiriboga, titulado “Protection of Human Rights in the
Americas. Selected Essays for the Inter-American Court of Human Rights’ Anniversary” (Vol. 7,
2014). Este es el contenido de la revista:
Resuscitating Justice: The
Inter-American Court Confronts the Entrenched Impunity of National Amnesty Laws
J. Davis
Abstract: Amnesty
laws are perhaps the most formidable barrier to accountability for human rights
violations in Latin America. This article examines how the Inter-American Court
of Human Rights (IACtHR) confronted these amnesty laws and the effect of its
rulings in a number of cases. It analyses the Barrios Altos case, Almonacid-
Arellano v. Chile, Gelman v. Peru and Gomes Lund v. Brazil to make the
following arguments: (1) the IACtHR established and developed the right to
truth through its decisions in these amnesty cases; (2) through these
decisions, the IACtHR enables legal accountability in the nations from which
these cases arose; and, (3) despite these accomplishments, significant barriers
to accountability remain.
An Affront to the Conscience of
Humanity: Enforced Disappearances in the Case Law of the Inter-American Court
of Human Rights
N. Kyriakou
Abstract: This
article seeks to address a series of issues relating to the case law of the
Inter-American Court of Human Rights (IACtHR) on cases of enforced
disappearances. First, it will identify the separate human rights violations
implicated in the perpetration of enforced disappearances and discern the
IACtHR’s methodological approach on re-conceptualising enforced disappearance
as a continuous and multiple human rights violation. Further, it will focus on
the issue of the continuous nature of the violation and will point to certain inconsistencies
that the IACtHR’s analysis appears to suffer from. Second, it will address the
IACtHR’s inclusive approach when identifying the victims of enforced
disappearance. Beyond the material victim, the IACtHR has created an iuris
tantum list of individuals that are potentially affected by enforced
disappearance. Third, it will explore the manifold remedial schemes that the
IACtHR has devised for cases of forced disappearance. Fourth, it will seek to
compare the assessment of the IACtHR with that of the European Court of Human
Rights (ECtHR) and of the Human Rights Committee (HRC) in some of the
aforementioned themes. The purpose of this comparative exercise will be to
further the analysis of the IACtHR’s case law on the basis of a horizontal
comparison and will aim at illustrating the innovative approaches and solutions
reached by the IACtHR.