First article. To appoint Julio Casa Nina as Provisional Deputy Provincial Prosecutor of the Joint Provincial
Prosecution Service of La Mar, Judicial District of Ayacucho.33
49. By Resolution No. 565-2002-MP-FN of the Prosecutor General of April 8, 2002, “the
appointment was ended” of the presumed victim as Provisional Deputy Provincial Prosecutor
of the Joint Provincial Prosecution Service of La Mar, Ayacucho, and he was appointed
Provisional Deputy Provincial Prosecutor of the Judicial District of Ayacucho, in the Second
Provincial Criminal Prosecution Office of Huamanga. This Resolution indicated:
Whereas:
Due to needs for the service and in compliance with the provisions of article 64 of Legislative Decree No. 052,
Organic Law of the Public Prosecution Service;
It [is decided]:
A[rticle 1]. To end the appointment of Julio Casa Nina, as Provisional Deputy Provincial Prosecutor of the Joint
Provincial Prosecution Service of La Mar, Judicial District of Ayacucho […].
A[rticle 2]. To appoint Julio Casa Nina, as Provisional Deputy Provincial Prosecutor of the Judicial District of
Ayacucho, in the Provincial Criminal Prosecution Office of Huamanga.34
C. Termination of the presumed victim’s appointment
50. On January 21, 2003, by Resolution No. 087-2003-MP-FN, the Prosecutor General
terminated the appointment of Julio Casa Nina as Provisional Deputy Provincial Prosecutor of
the Judicial District of Ayacucho. To this end, he established:
Whereas:
The appointment of provisional prosecutors is temporary in nature, subject to the needs for the service and
in compliance with the provisions of article 64 of Legislative Decree No. 052, Organic Law of the Public
Prosecution Service;
It [is decided]:
A[rticle 1]. To end the appointment Julio Casa Nina, as Provisional Deputy Provincial Prosecutor of the Second
Provincial Criminal Prosecution Office of Huamanga, Judicial District of Ayacucho, […] without prejudice to any
legal actions that may be pertinent based on complaints and accusations that are being processed.35
D. Appeal mechanisms filed by the presumed victim
D.1. Appeal for review
51. The presumed victim filed an appeal for review with the Prosecutor General with regard
to Resolution No. 087-2003-MP-FN of January 21, 2003, terminating his appointment. Among
other matters, he argued that, in order to terminate his appointment, an administrative
proceeding was required in which, following a hearing, he was sanctioned, whereas the
charges against him had been invalidated; therefore, he asked to be reinstated.36
Cf. Resolution of the Executive Committee of the Public Prosecution Service of June 30, 1998 (evidence file,
volume I, annex 1 to the Merits Report, folio 4).
33
Cf. Resolution of the Prosecutor General of April 8, 2002 (evidence file, volume IV, annex 16 to the answering
brief, folio 953).
34
Cf. Resolution of the Prosecutor General of January 21, 2003 (evidence file, volume I, annex 2 to the Merits
Report, folio 6).
35
Cf. Brief of the appeal for review of February 13, 2003 (evidence file, volume IV, annex 17 to the State’s
answering brief, folios 955 to 961).
36
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