204. Importantly, the international obligation to bring to justice and punish serious violations of human rights
has been recognized and established in all regional human rights mechanisms. The Inter-American
Commission and Court of Human Rights have also decided on the question of amnesty legislation. The
Inter-American Commission on Human Rights has condemned amnesty laws issued by democratic
successor Governments in the name of reconciliation, even if approved by a plebiscite, and has held them
to be in breach of the 1969 American Convention on Human Rights, in particular the duty of the State to
respect and ensure rights recognized in the Convention (article 1(1)
× Article 1. Obligation to Respect Rights
1. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein
and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and
freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other
opinion, national or social origin, economic status, birth, or any other social condition.
), the right to due process of law (article 8
× Article 8. Right to a Fair Trial
1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a
competent, independent, and impartial tribunal, previously established by law, in the substantiation of any
accusation of a criminal nature made against him or for the determination of his rights and obligations of a
civil, labor, fiscal, or any other nature.
2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt
has not been proven according to law. During the proceedings, every person is entitled, with full equality, to
the following minimum guarantees:
a. the right of the accused to be assisted without charge by a translator or interpreter, if he does not
understand or does not speak the language of the tribunal or court; b. prior notification in detail to the
accused of the charges against him; c. adequate time and means for the preparation of his defense; d. the
right of the accused to defend himself personally or to be assisted by legal counsel of his own choosing,
and to communicate freely and privately with his counsel; e. the inalienable right to be assisted by counsel
provided by the state, paid or not as the domestic law provides, if the accused does not defend himself
personally or engage his own counsel within the time period established by law; f. the right of the defense
to examine witnesses present in the court and to obtain the appearance, as witnesses, of experts or other
persons who may throw light on the facts; g. the right not to be compelled to be a witness against himself or
to plead guilty; and
h. the right to appeal the judgment to a higher court.
3. A confession of guilt by the accused shall be valid only if it is made without coercion of any kind.
4. An accused person acquitted by a nonappealable judgment shall not be subjected to a new trial for the
same cause.
5. Criminal proceedings shall be public, except insofar as may be necessary to protect the interests of
justice.
) and the right to an effective judicial remedy (article 25
× Article 25. Right to Judicial Protection
1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent
court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution
or laws of the state concerned or by this Convention, even though such violation may have been committed
by persons acting in the course of their official duties.
2. The States Parties undertake:
a. to ensure that any person claiming such remedy shall have his rights determined by the competent
authority provided for by the legal system of the state;
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