Undue Pardons, Commutations of sentences, and Prison Benefits are a form of Impunity for Gross Human Rights Violations

March 24, 2024

On the occasion of the International Day for the Right to Know the Truth about Gross Human Rights Violations and for the Dignity of Victims, the Inter-American Commission on Human Rights (IACHR) and the United Nations Special Rapporteur on the Promotion of Truth, Justice, Reparation, and Guarantees of Nonrecurrence call on States to comply with judicial rulings condemning those responsible for gross human rights violations and international crimes. In this regard, they urge States not to grant undue humanitarian or other types of pardons or benefits to the perpetrators and masterminds of these types of crimes.

The IACHR and the UN Special Rapporteur acknowledge important precedents in the region concerning the investigation, prosecution, and punishment of these crimes that have contributed to clarifying the truth for victims and society and have resulted in effective sanctions proportionate to the gravity of the events in question. However, this progress is still limited in comparison to the number of gross human rights violations that have occurred during dictatorships and armed conflicts in the Americas. In this regard, the IACHR and the UN Special Rapporteur emphasize that legal proceedings of this sort often face multiple challenges, including inadequate legal and procedural systems and regimes designed to promote impunity or favor obstacles to evidence, the death of perpetrators and witnesses due to the passage of time, among others.

In this regard, the IACHR and the UN Special Rapporteur have been observing various measures that impede, limit, or interfere with implementing the sentences imposed. In particular, they have become aware of legislative initiatives that seek to grant blanket pardons to perpetrators or to modify the regime under which they serve their sentences based on the age of the person deprived of liberty. The IACHR and the Special Rapporteur have also learned of certain judicial rulings that grant inappropriate benefits to those serving sentences, such as early reduction of sentences, parole, or house arrest, without an effective review of the indispensable legal and customary requirements.

In this regard, the IACHR has emphasized that the evaluation of prison benefits and alternative measures to imprisonment for those convicted of serious human rights violations and international crimes must involve relatively more rigorous analysis and stricter requirements than in the case of other crimes, in accordance with the principle of proportionality and the applicable Inter-American standards. This includes taking into account the rights affected by the crimes in question, the gravity of the events, and the obligation of States to punish those responsible for such violations. The Special Rapporteur recommended that humanitarian pardons should be granted only in cases of terminal illness where death is imminent.

The Inter-American Court of Human Rights (IA Court) has stated that measures taken to protect the health, life, and integrity of people deprived of their liberty for serious human rights violations who suffer from serious, chronic, or terminal illnesses should be those that least restrict the victims' right to access justice. Similarly, alternatives to detention should be used only in very extreme cases and in response to an imperative need. In addition, the IA Court noted that this analysis should take into account the health of the convicted person, the conditions of their detention, and the facilities needed to provide them with adequate care in their places of detention, as well as the impact that any changes may have on the rights of victims and their families. To this end, the following criteria should be taken into account by the competent judicial authority in each specific case: whether a significant part of the sentence has been served and the civil reparations established in the sentence have been paid; the conduct of the convicted person with respect to the clarification of the truth; the recognition of the seriousness of the crimes committed and their rehabilitation; and the impact that their early release would have on society and on victims and their next of kin.

The IACHR and the UN Special Rapporteur called on States to refrain from granting arbitrary privileges or benefits to people convicted of these serious crimes and avoid taking any measures that prevent or unduly interfere with the implementation of judicial sanctions. States must ensure that the judicial system puts an end to impunity, that the truth about what happened and the fate of the victims is made public knowledge, and that serious human rights violations are never repeated.

The Special Rapporteurs are part of the so-called Special Procedures of the Human Rights Council. The Special Procedures make up the largest body of independent experts in the UN human rights system and is the general term for the Human Rights Council's independent investigative and monitoring mechanisms that address specific country situations or thematic issues in all parts of the world. Special Procedures serve on a voluntary basis; they are not UN employees and do not receive financial remuneration for their work. They are independent of any government or organization and serve in their personal capacity.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 059/24

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