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b)
the alleged victims were sentenced to life imprisonment “once their
responsibility for the commission of the crime was established,” in
keeping with the ius puniendi of the State.
The Peruvian State had every right to prosecute those people for the
crime they committed and to try them in accordance with the
procedures established in its domestic laws.
They could not be
prosecuted for another crime, such as terrorism for example, since the
acts they committed fell within the scope of Decree Law 25,659. The
State would have been at fault had they been brought to trial charged
with another crime;
c)
the final ruling in that case became res judicata;
d)
the criminal activities in which the alleged victims engaged “inflicted
serious material damage and caused the loss of precious human lives,
forcing the State to adopt exceptional measures to deal with them.” It
is ironic that the State is being asked to compensate “the authors of
abominable crimes of lese humanité, and even order their release; the
precedent this would set would seriously imperil the stability of
democratic governments struggling to combat subversive violence”;
e)
to claim procedural irregularities “is a breach of the sovereignty of
Peru’s domestic jurisdiction, perverts inter-American due process, and
takes the side of those who would ignore the fact that domestic courts
are in a better position to judge the facts and the law that applies to a
particular case,” an assertion premised on the notion that international
human rights protection is merely for the purpose of collaborating in or
supplementing that protection;
f)
the Inter-American Court is not a tribunal
that declares individuals innocent and does not have the right to order
that criminals be released. The responsibility of the Inter-American
Court […] is to judge the acts of a State […]. Given these facts, we
are petitioning the Court to indicate what our responsibilities are […]
as a State grappling with a particular set of social factors, as the law is
not impervious to such factors. Clearly, acts of terrorism are an attack
upon society; and
g)
the request that the Court order [their] immediate release was
“immaterial to the issue before the Court and previously before the
Inter-American Commission on Human Rights” and was “not
recommended in Confidential Report No. 17/97.”
There is an
inconsistency between ordering a juridical act vacated, nullified, or
expunged, which is tantamount to saying that “the juridical act never
existed”, and retrying the defendant “since one cannot be retried for
the same facts.”
217. As for the Commission’s express request that the proceeding be nullified, the
Court believes that certain observations are in order regarding the properties that
every legal proceeding should have, the circumstances in the instant case and their
consequences.