5.
The judgments on competence delivered in the Constitutional Court and
Ivcher Bronstein cases of September 24, 1999, in which the Inter-American Court
decided unanimously:
1.

To declare that:
a.
the Inter-American Court of Human Rights is
competent to take up [these cases];
b.
Peru’s purported withdrawal of the declaration
recognizing the contentious jurisdiction of the Inter-American
Court of Human Rights is inadmissible.

2.

To continue to examine and process [these cases].

[...]
6.
The orders on compliance with judgment of November 17, 1999, in which the
Court decided that, “in accordance with the principle of pacta sunt servanda, and in
conformity with the provisions of Article 68(1) of the American Convention on
Human Rights, the State has a duty to comply promptly” with the judgments of
November 27, 1998, in the Loayza Tamayo case, and of May 30, 1999, in the
Castillo Petruzzi et al. case (supra Having seen 2 and 3).
7.
Legislative Resolution No. 27,401 of January 18, 2001, by which the State
derogated Legislative Resolution No. 27,152 and resolved to commission “the
Executive to take all necessary measures to annul any possible results of the said
Legislative Resolution, fully re-establishing the contentious jurisdiction of the InterAmerican Court of Human Rights for the State of Peru”.
8.
The decisions of the Court in the judgment of January 31, 2001, in the
Constitutional Court case.
9.
The decisions of the Court in the judgment of February 6, 2001, in the Ivcher
Bronstein case.
10.
The note transmitted by the Minister for Foreign Affairs of Peru, Javier Pérez
de Cuéllar, to the Secretary General of the Organization of American States, César
Gaviria Trujillo, in which Peru declared that:
the recognition of the contentious jurisdiction of the Court [...], made
by Peru on October 20, 1980, is fully in force and the State of Peru is
bound by all its legal effects; and it should be understood that this
declaration has been in force without interruption since it was
deposited with the General Secretariat of the Organization of American
States (OAS), on January 21, 1981.
11.
The notes dated February 1, 2001, which the Minister of Justice of Peru
presented to the President of the Court during his visit to this Court on February 9,
2001.
In these notes, the State indicated that it expressly recognized the
responsibility that it had incurred by violating the rights of the justices of the
Constitutional Court and of Baruch Ivcher Bronstein and provided information on the
measures that the State was taking to re-establish the rights of the said persons.

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