70 Allison Madden, "Clemency for Battered Women who kill their abusers: finding a just forum" 4 Hastings Women's L.J 1, 50 (1993). 71 Linda Ammons, "Discretionary Justice: A legal and policy analysis of a Governor's use of the Clemency power in the cases of incarcerated battered women", 3 J.L & Policy 1, 30 (1994). 72 U.S. (4 Wall.) 333,380 (1866). 73 See E/CN.4/Sub.2/1997/20/Rev.1, paras. 32 and 27. 74 Ibid. Principles 18 and 25. 75 See Human Rights Committee General Comment No. 20 (44) on Article 7, para. 15 at www.unhchr.ch/tbs/doc.nsf/view40?SearchView. [sic] 76 Rodríguez v. Uruguay, Communication No. 322/1988, U.N. Doc. CCPR/C/51/D/322/1988 (1994). 77 See The Vienna Declaration and Programme of Action, Section II, para. 60, at www.unhchr.ch/huridocda/huridoca.nsf/Sym.../A..CONF.157.23. [sic] 78 Annual Report of the Inter-American Commission on Human Rights, 1992-1993. 79 Ibid. See also Jayni Edelstein, Rights, Reparations and Reconciliation: Some comparative notes, Seminar No. 6, July 1994. 80 Law No 23,429 of 12 December 1986. 81 Law No. 23,521 of 4 June 1987. The Committee Against Torture took the view, in respect of these laws, that the passing of the "Full Stop" and "Due Obedience" Laws in Argentina by a "democratically elected" government for acts committed under a de facto government is "incompatible with the spirit and purpose of the Convention [against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment]" (Committee against Torture, Communications N? 1/1988, 2/1988 and 3/1988, Argentina, decision dated 23 November 1989, paragraph 9.) 82 Velasquez Rodriguez v Honduras, Judgment of July 29, 1988, Inter-Am.Ct.H.R. (Ser. C) No. 4 (1988). para 166 × 166. The second obligation of the States Parties is to "ensure" the free and full exercise of the rights recognized by the Convention to every person subject to its jurisdiction. This obligation implies the duty of States Parties to organize the governmental apparatus and, in general, all the structures through which public power is exercised, so that they are capable of juridically ensuring the free and full enjoyment of human rights. As a consequence of this obligation, the States must prevent, investigate and punish any violation of the rights recognized by the Convention and, moreover, if possible attempt to restore the right violated and provide compensation as warranted for damages resulting from the violation. 83 Hilaire, Constantine and Benjamin et al. Case, Judgment of June 21, 2002, Inter-Am. Ct. H.R., (Ser. C) No. 94 (2002) or the "Street Children" Case, Judgment of May 26, 2001, Inter-Am. Ct. H.R., (Ser. C) No. 77 (2001), para. 101 × 101. Accordingly, the Court reiterates that Guatemala is obliged to investigate the facts that generated the violations of the American Convention in the instant case, identify those responsible and punish them. and operative clause 8 × 8. That the State of Guatemala must investigate the facts of this case, identify and punish those responsible and adopt, in its domestic law, the provisions needed to ensure compliance with this obligation. . 84 Caso Barrios Altos, Chumbipuma Aguirre y otros vs. Perú, Inter-American Court of Human Rights, (Ser. C), No. 75 - Judgment of March 14, 2001. 85 Cited in the Interim Report on the question of torture and other cruel, inhuman or degrading treatment or punishment, submitted by Sir Nigel Rodley, Special Rapporteur of the Commission on Human Rights, in accordance with paragraph 30 of General Assembly resolution 55/89. Interim Report A/56/156 3 July 2001 86 European Court of Human Rights Case Zeki Aksoy v. Turkey, 18 December 1996, para 98. See also, Aydin v. Turkey App. No. 23178/94 Judgment of 25 September 1997, para 103; Selç uk and Asker v. Turkey App. Nos. 23184/94 and 23185/94 udgment of 24 April 1998, para 96; Kurt v. Turkey App. No. 24276/94 Judgment of 25 May 1998, para 139; and Keenan v. United Kingdom App. No. 27229/95 Judgment of 3 April 2001, para 122. 87 See also: Various communications v. Mauritania Communications 54/91, 61/91, 96/93, 98/93, 164/97-196/97, 210/98 and Jean Yokovi Degli on behalf of Corporal N. Bikagni, Union Interafricaine des Droits de l'Homme, Commission International de Juristes v Togo Communications 83/92, 88/93, 91/93. 88 Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (The Robben Island Guidelines), African Commission on Human and Peoples' Rights, 32nd Session, 17 - 23 October, 2002: Banjul, The Gambia. See also: Various 37