Article 4. Articles 29 and 37 of Legislative Decree No. 052, Organic Law of the Public Prosecution Service, are amended and will now read as follows: “Article 29. The Provincial, Superior and Supreme Prosecutors who are designated on a provisional basis in any of the organs of the Public Prosecution Service established in article 36 shall have the same duties, rights, attributions, prerogatives, prohibitions and incompatibilities as the tenured Prosecutors in their respective categories while their status remains provisional, both as the person responsible for public prosecutions and in institutional and administrative operations. […].” 46. Meanwhile, Law No. 27362, which annulled the homologation of tenured and provisional magistrates of the Judiciary and of the Public Prosecution Service,30 derogated Law No. 26898 and its article 5 stipulated the following: Delimitation of the functional sphere of provisional magistrates. Provisional magistrates may only exercise jurisdictional work while their temporary posting lasts. They are prevented from assuming any administrative or representative function. B. Appointments of Julio Casa Nina as Provisional Deputy Provincial Prosecutor 47. On May 20, 1998, Julio Casa Nina, 37 years of age, wrote to the President of the Executive Committee of the Public Prosecution Service indicating that he was a practicing lawyer “with his own office” and asked that he “be considered [as a candidate] for a vacant post for [deputy prosecutor] in the judicial districts […] throughout the country.” To this end, he attached, among other documents, his curriculum vitae, a copy of his law degree, sworn statements and various certifications from the public records. 31 48. By Resolution No. 464-98-MP-CEMP of the Executive Committee of the Public Prosecution Service32 of June 30, 1998, Julio Casa Nina was appointed Provisional Deputy Provincial Prosecutor of the Joint Provincial Prosecution Service of La Mar, Judicial District of Ayacucho. The resolution established: Whereas: The post of Deputy Provincial Prosecutor of the Joint Provincial Prosecution Service of La Mar, Judicial District of Ayacucho, is vacant. Julio Casa Nina has presented his candidacy […]; by virtue of the powers conferred by Laws Nos. 26623, 26695 and 26738; It is decided: While the Public Prosecution Service is being reorganized, the Executive Committee of the Public Prosecution Service is authorized to designate the provisional Provincial, Superior and Supreme Prosecutors required for the efficient performance of their functions to uphold legality, civil rights, and public interests, as well as the prosecution of any type of crime, contributing to lighten the procedural load in the interests of a prompt and opportune administration of justice in the country. This authority extends to the designation of the respective Deputy Prosecutors. Law No. 27362, which annulled the homologation of tenured and provisional magistrates of the Judiciary and of the Public Prosecution Service, promulgated on October 30, 2000. Available at: https://docs.peru.justia.com/federales/leyes/27362-oct-30-2000.pdf. The law was applicable to the members of the Public Prosecution Service based on the content of article 158 of the Peruvian Constitution (supra para. 42). 30 Cf. Letter sent by Julio Casa Nina to the President of the Executive Committee of the Public Prosecution Service on May 20, 1998 (evidence file, volume IV, annex 15 to the answering brief, folios 945 to 950). 31 The State, in its answering brief, indicated that Mr. Casa Nina “was first designated on June 30, 1998, by the Executive Committee of the Public Prosecution Service, […] a body created under the reform process within the Peruvian State; however, [this appointment] was only valid from June 19, 1996, the date on which it was created by Law [No.] 26626 [sic] until it was deactivated by Law [No.] 27367 of November 3, 2000”; it added that, owing to the latter law, “the process of reorganization of the Public Prosecution Service was finalized and the functions of the institutions were full restored.” Based on information provided by the State, the Court gathers that the Executive Committee of the Public Prosecution Service was created by Law No. 26623 (supra footnote 28). 32 14