The “Bulacio Case” and the Duty to Investigate and Punish

Authors

  • Lucas Lecour Universidad Nacional de Cuyo (Argentina)

Keywords:

Duty to investigate and punish, Inter–American Court of Human Rights, Bulacio, Miguel Angel Esposito

Abstract

The judgment of the Inter–American Court of Human Rights in the case “Bulacio vs. Argentina” extended the duty to investigate and punish the violations of human rights –that the States have according to the American Convention on Human Rights– to other serious crimes, but technically common, restricting competition to national courts to adopt limits to criminal prosecution, when it may generate impunity.
The unreflective application of this judgment by the Supreme Court of Argentina, in the case “Esposito Miguel Ángel”, lead to a lot of critics by the national criminal doctrine since this application would infringe other fundamental rights such as the right of due process and the right of defense.

 

Author Biography

Lucas Lecour, Universidad Nacional de Cuyo (Argentina)

Lawyer National University of Cuyo. Master in Criminal Law and Criminal Sciences from the University of Barcelona and Pompeu Fabra University. President of the Xumek association. Researcher at the National University of Cuyo. President of the Human Rights Commission of the Mendoza Bar Association. Amicus Curiae in the request for Advisory Opinion of the Inter-American Court of Human Rights No. 21. First Place as coach in the International Human Rights Competition, American University College of Law, Washington DC, United States, 2007.

RYD Vol. 1 2016

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Published

2016-11-20

How to Cite

Lecour, L. (2016). The “Bulacio Case” and the Duty to Investigate and Punish. República Y Derecho, 1(1), 1–32. Retrieved from https://revistaryd.derecho.uncu.edu.ar/index.php/revista/article/view/58

Issue

Vol. 1 No. 1 (2016): (Publicación continua)

Section

Articles

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Copyright (c) 2016 Lucas Lecour

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