24. The State argued that it did not violate the right to a fair trial and judicial protection, inasmuch as the alleged victim had access to different jurisdictional bodies where he had the opportunity to defend himself assisted by guarantees of due process. It contended that the rights asserted by the alleged victim could not be protected by domestic bodies, because these rights apply to tenured as opposed to provisional prosecutors. 25. The State claimed that it did not violate the right to freedom from ex post facto law because the resolutions upholding the termination of the alleged victim’s appointment are based on laws currently in effect. It noted that Law 26898, which establishes the same rights and duties for provisional and tenured prosecutors, was repealed and replaced by Law 27362. In other words, since the time of the alleged victim’s second appointment, the new law was already applicable to him. It also underscored that the grounds of the first and second resolutions terminating his different appointments are identical, but that the petitioner is only contesting the second one and is in agreement with the first one. 26. Lastly, the State indicated that in 2014, the Office of the Attorney General of the Nation approved the “Regulation for the appointment, evaluation and permanence of provisional prosecutors at the national level,” which sets forth the criteria for the selection of provisional prosecutors, such as need, which means that a provisional prosecutor shall serve in the position as long as there is a need for service. It also reported on approval of the Law of the Prosecutorial Career, which clearly defines the difference between tenured and provisional prosecutors. III. FINDINGS OF FACT A. Regarding the alleged victim’s appointments 27. It is on record in the case file that, on June 30, 1998, the alleged victim was appointed as Provisional Provincial Deputy Prosecutor of the Joint Provincial Prosecutor’s Office of La Mar, Ayacucho, under Office of the Attorney General Executive Commission Resolution No. 464-1998-MP-FNCEMP. In the resolution, it was noted that “the position of Provincial Deputy Prosecutor of the Joint Provincial Prosecutor’s Office of La Mar, Judicial District of Ayacucho is vacant” and “That, after applying as a candidate Dr. Julio Casa Nina (…) “IT IS RESOLVED: ARTICLE ONE: To appoint Dr. Julio Casa Nina as Provisional Provincial Deputy Prosecutor of the Joint Provincial Prosecutor’s Office of La Mar, Judicial District of Ayacucho.”3 28. On April 8, 2002, the Attorney General of the Nation appointed the petitioner as Provisional Provincial Deputy Prosecutor of the Judicial District of Ayacucho at the Second Provincial Criminal Prosecutor’s Office of Huamanga, under Resolution 565-2002-MP-FN, of April 08, 2002. In the resolution, it indicates: “That, because of the need for service (…) IT IS RESOLVED: ARTICLE TWO: To appoint Dr. Julio Casa Nina, as Provisional Provincial Deputy Prosecutor of the Judicial District of Ayacucho (…).4 29. The IACHR recalls that in its Second Report on the Situation of Human Rights in Peru of 2000, it was noted that at that time, “more than 80% of the prosecutors in Peru are ‘provisional.’”5 B. Regarding termination of alleged victim’s appointment 30. On January 21, 2003, the Attorney General of the Nation terminated the appointment of the alleged victim under Resolution No. 087-2003-MP-FN. In said resolution, she wrote that “the appointment of Prosecutors with provisional status is of a temporary nature, subject to need of service Annex 1. Copy of Resolution No. 464-98-MP-CEMP of June 30, 1998, issued by the Executive Commission of the Office of the Attorney General, Annex to the initial petition of February 6, 2007. 4 Annex 1. Copy of Resolution No. -565-2002-MP-FN of April 8, 2002, issued by the Office of the Attorney General of the Nation. Annex to the initial petition of February 6, 2007. 5 IACHR, Second Report on the Situation of Human Rights in Peru, Chapter II, Administration of Justice and Rule of Law, OEA/Ser.L/V/II.106 Doc. 59 rev, June 2, 2000, par.35. 3 4

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