5
Convention on the Law of Treaties of 1969, they cannot, for reasons of internal law, stop
assuming the international responsibility already established.3
6.
The State Parties to the Convention shall guarantee the fulfillment of the treaty
dispositions and its own effects (effet utile) within their respective domestic law. This
principle is applied, not only regarding substantive rules of the human rights treaties
(namely, the ones that contain dispositions regarding the protected rights), but also in
relation with the law of procedure, such as those referred to the fulfillment of the
decisions of the Court. These obligations shall be interpreted and applied within their
respective domestic law. This principle applies, not only regarding substantive rules of
the human rights treaties (namely, those that contain dispositions regarding the
protected rights), but also regarding rules of procedure, such as the ones referring to the
compliance with the decisions of the Court. These obligations shall be interpreted and
applied in a manner that the protected guarantee is truly practical and effective, taking
into account the special nature of the human rights treaties.4
1.
Regarding the duty to observe the principle of legality and protection
from ex post facto laws of the demands of legal due process in the second
process against Mrs. De La Cruz Flores (first operative paragraph of the
Judgment).
7.
Before presenting the information and observations of the parties in the
framework of the procedure of supervision of compliance of the present obligations
ordered in the Judgment, the Court considers it pertinent to specify some background
facts.
8.
On November 21, 1996, Mrs. De La Cruz Flores was convicted to 20 years in
prison by a “faceless” tribunal for the crime of collaboration with terrorism (hereinafter
the “first process”).5 On June 20, 2003, the National Chamber of Terrorism declared null
the prosecutorial charge and set it aside without effect in such first process, “without
[varying] the legal situation [of the victim].” After said declaration of nullity, a new trial
was brought forward (hereinafter the “second process”). On July 8, 2004, a request by
the defense of the victim for a variation of the order of detention for one of restricted
appearance was declared admissible, and the victim was effectively freed from prison the
following days, namely, after eight years, two months and eleven days of being deprived
of liberty.
9.
In the second process, on July 10, 2006, the National Criminal Chamber issued a
judgment in which the victim was convicted as “the author of the ‘crime against the
Public Peace-Terrorism-Affiliation against the State,’ imposing upon her the sentence of
deprivation of liberty for eight years, two months and eleven days, which was considered
fulfilled.” Said judgment was the object of recourses of nullity by the defense of the
victim as well as by the Prosecutor in the case, which derived in the Supreme Judgment
of the Second Criminal Transitory Chamber of the Supreme Court of November 23,
2009, “which declar[ed] the nullity of the appealed judgment and reform[ing] it to
impose 20 years of deprivation of liberty” and ordered “her location and capture.”
3
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Arts. 1 and 2 of the American Convention on Human Rights). Advisory Opinion OC-14/94 of
December 9, 1994. Series A No. 14, par. 35; Case of Baena Ricardo et al. supra note 2, Considering fifth, and
Case of Vargas Areco, supra note 2, Considering fourth.
4
Cf. Case of Ivcher Bronstein V. Peru. Jurisdiction. Judgment of September 24, 1999. Series C No. 54,
par. 37; Case of Baena Ricardo et al., supra note 2, Considering sixth, and Case of Vargas Areco, supra note 2,
Considering fifth.
5
Cf. Case of De la Cruz Flores V. Perú. Merits, Reparations and Costs. Judgment of November 18, 2004.
Series C No. 115, par. 73.27.