Persona y Sociedad (2011)

Permanent URI for this community

http://localhost:4000/handle/11242/1940

Browse

Browsing Persona y Sociedad (2011) by Subject "Derechos humanos"

Now showing 1 - 1 of 1
  • No Thumbnail Available
    Item
    La situación del Decreto Ley de Amnistía después del fallo Almonacid Arellano
    (Universidad Alberto Hurtado. Facultad de Ciencias Sociales, 2011) Silva Alliende, Matías
    The ruling issued by the Inter-American Court of Human Rights in the Almonacid Arellano et al. vs. Chile case condemns Chile to comply with the sentence. The Chilean State must determine the means by which it will consolidate and execute the obligations set out in the sentence. This has resulted in an obligation that our legislative power will have to comply with: repealing the Amnesty Law. On the other hand, our Superior Courts have made use of the gradual prescription of the law to favor those who have committed crimes against humanity, violating another principle of International Law of Human Rights: the imprescriptibility of these crimes. This has resulted in what we call in this article a debt of the Chilean State. Our country is in breach of the general duties contained in the Inter-American Convention on Human Rights -an obligation to respect the rights and to adopt domestic legal provisions. It is also infringing specific provisions of the Convention itself that guarantee judicial safeguards and judicial protection for the people.