DPLF presents Digest on International Crimes in joint event with El Salvador’s Supreme Court of Justice and FESPAD In August 16 of 2013, DPLF, El Salvador’s Supreme Court of Justice and the Foundation of Studies for the Application of Law (FESPAD), organized the forum “Challenges for the Prosecution of International Crimes: The Role of Courts in Latin America”, in which presented its most recent publication, Digest of Latin American Jurisprudence on Crimes Under International Law: Volume II, and shared information on the major advances that have occurred in the region with regards to the prosecution of international crimes such as crimes against humanity, genocide, and war crimes.
Maria Silvia Guillen, Executive Director of FEPSAD, and Leonor Arteaga, from DPLF, opened the forum. They encouraged participants to use the Digest as a tool for discussion regarding the various alternatives for the processing of crimes in El Salvador as well as for the construction of sound and innovative legal arguments, both in litigation and the exercise of the judiciary. They urge the audience to create opportunities for legal technical discussion on the subject matter of the forum, which can open the way to the type of justice awaited by thousands of victims.
Experts Naomi Roht-Arriaza and Ximena Medellin developed the principles and theories from international criminal law, international human rights law and humanitarian law have been applied by courts and tribunals throughout the continent to overthrow the legal impediments that hindered the prosecution of international crimes committed during wars or periods of repression, such as amnesties and statutes of limitation, and hoe these can be used in El Salvador. They insisted that processes of justice and accountability have not endangered the peace in any country, and have rather contributed to reconciliation and democracy. The speakers addressed the need to strengthen the capacities of evidence from the prosecution and the need for judges to assume the leading role in the exercise of their independence and analyzed the challenges to combat impunity and its relevance to El Salvador today, 18 years after the end of the countries’ armed conflict.
Meanwhile, Florentin Melendez, judicial of the Constitutional Chamber of the Supreme Court, delivered a speech about the growing recognition of international crimes by the inter-American system and United Nations. He shared a number of sentences issues by the Chamber has issued in processes of habeas corpus and constitutional protetion linked to the armed conflict. These, he believes, have laid new jurisprudence that for the first time protects the rights to personal liberty in cases of disappeared persons and the right to truth in relation to a denial of justice in a massacre.
In the closing remarks, the judicial Sidney Blanco invited members of the judiciary to revive studies regarding these issues and to take seriously their duty to ensure rights, prosecute and punish if such complex crimes.
The activity attracted 170 participants, including judges of criminal cases, lawyers of the Constitutional Chamber, members of the National Council of the Judiciary, and members of the National Civil Police and civil society.
Later that same day, DPLF and the two experts, conducted a discussion with the lawyers of the Constitutional Chamber to answer questions and deepen the themes of the forum, with particular focus on the practical application of some criteria in constitutional proceedings under analysis.