2.5 It is stated that the same matter has not been and is not being examined under another procedure of
international investigation or settlement.1
2.6 Specifically, the authors request the Committee to find that Argentina violated its obligations under the
__________
1
The Secretariat has ascertained that one case was submitted to the Inter-American Commission on Human Rights,
which registered it under No. 10288. However, it is not currently being examined by the Commission.
Covenant, and to urge the Government of Argentina to abrogate law No. 23,521 so as to allow the criminal
prosecution and punishment of the persons responsible for the disappearance and/or death of their relatives.
3. By decisions of 4 April 1989, the Working Group of the Human Rights Committee, without transmitting
the communications to the State party, requested the authors, under rule 91 of the rules of procedure: (a) to clarify
whether and, if so, to what extent the claims contained in their communication go beyond their desire to see those
held to be responsible for the disappearance or death of their relatives criminally prosecuted; (b) to specify, bearing
in mind that the Covenant and the Optional Protocol entered into force for Argentina on 8 November 1986, which
violations they claim took place after that date; and (c) to indicate whether they have instituted legal proceedings
before the competent courts with a view to obtaining compensation and, if so, with what result.
4.1 In their reply to the Working Group's questions, the authors state that besides punishing the guilty, the
Government of Argentina should reopen the inquiry into the disappearance of one of the alleged victims, although
following the investigations of the Comisión National sobre Desaparición de Personas (CONADEP) (National
Commission on the Disappearance of Persons), it was presumed, in view of the lapse of time since the
disappearances, that the persons in question were dead. The authors stress, moreover, that laws of impunity should
be repudiated, lest they be understood as encouraging the commission of similar crimes. In this connection they
invoke the principles of the Nuremberg Trials, particularly the rejection of the defence of superior orders.
4.2 As to which violations of the Covenant are said to have taken place after its entry into force for Argentina on
8 November 1986, the authors claim that the enactment of the Due Obedience Law in June 1987 constitutes a
violation of the State party's obligation to ensure the thorough investigation of crimes and the punishment of the
guilty.
4.3 With regard to legal proceedings aimed at obtaining compensation, the authors indicate that they preferred
to demand an investigation of the events, in particular of the whereabouts of disappeared persons, and the
identification of the guilty parties. Although it appears that none of the authors ever initiated legal proceedings for
compensation, they refer to other persons who have unsuccessfully sought compensation in civil proceedings,
5.1 Before considering any claims presented in a communication, the Human Rights Committee must, in
accordance with rule 87 of its rules of procedure, decide whether or not the communication is admissible under the
Optional Protocol to the Covenant.
5.2 With regard to the application ratione temporis of the International Covenant on Civil and Political Rights
and of the Optional Protocol for Argentina, the Committee recalls that both instruments entered into force on 8
November 1986. It observes that the Covenant cannot be applied retroactively and that the Committee is precluded
ratione temporis from examining alleged violations that occurred prior to the entry into force of the Covenant for the
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