A/65/44
during the armed conflict between 1980 and 1992 and their families and, in general, the
inadequate investigations and punishment and the lack of full redress and compensation in
relation to those crimes. It also regrets the failure to search for adults who have disappeared
(arts. 2, 4 and 16).
The Committee reminds the State party that the crime of enforced disappearance is
ongoing by nature and should be investigated for as long as its effects continue, until
those responsible have been identified. Similarly, the Committee reiterates the
recommendations of the Working Group on Enforced or Involuntary Disappearances
and notes with concern that they have not been implemented in full. The Committee
urges the State party to take rapid steps to ensure progress in the search for missing
persons, the establishment of a programme of full redress and compensation for
victims and their families and the prevention of further cases of enforced or
involuntary disappearance.
General Amnesty (Consolidation of the Peace) Act and recommendations of the Truth
Commission
(15) The Committee notes with satisfaction the Government’s statement that it will not
maintain the position upheld by previous administrations of justifying the application of the
Amnesty Act as necessary for the preservation of peace in the State party. It also notes that
in its ruling of 26 September 2000, the Supreme Court held that, although the Amnesty Act
is constitutional, judges may decide not to apply it when giving judgements on specific
cases, adding that “it shall be for the judge to decide in each specific case when this
exception applies, by means of an interpretation in keeping with the Constitution”, and that
“if the events which gave rise to the civil responsibility of a public official or employee
have not been covered by an amnesty — because they involve crimes which cannot be the
subject of an amnesty — or if the amnesty granted breaches the Constitution, the obligation
to provide compensation may be asserted before the competent courts”. However, the
Committee considers that this Act violates the right to an effective remedy, since it hinders
the investigation and punishment of all those responsible for human rights violations and
stands in the way of the right to redress, compensation and rehabilitation of the victims. The
Committee notes with concern that the State party has not implemented the
recommendations made by the Truth Commission in 1993 (arts. 2, 4, 5 and 14).
The Committee urges the State party to repeal the General Amnesty (Consolidation of
the Peace) Act. In that regard, it draws the State party’s attention to paragraph 5 of
its general comment No. 2 on the implementation of article 2 by States parties
(CAT/C/GC/2), in which the Committee considers that amnesties or other
impediments which preclude or indicate unwillingness to provide prompt and fair
prosecution and punishment of perpetrators of torture or ill-treatment violate the
principle of non-derogability. The Committee likewise recommends that all necessary
steps should be taken to guarantee that investigations of cases of torture and other
cruel, inhuman or degrading treatment or punishment are carried out thoroughly,
promptly and impartially, that the perpetrators are prosecuted and punished and that
measures are adopted to provide redress and rehabilitation for the victims, in
accordance with the provisions of the Convention.
The Committee notes with satisfaction the willingness of the new Government to
adopt a policy of full material and moral redress for the victims of human rights
violations which have occurred in the present or the recent past. The Committee
nevertheless urges the State party to take prompt steps to implement the
recommendations of the Truth Commission, and in particular to prosecute and punish
promptly and impartially those responsible for acts of torture, ill-treatment or
enforced or involuntary disappearance, to remove from their posts all officials who
have been identified as alleged perpetrators of human rights violations, to create a
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GE.10-44721
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