clear enough to permit an understanding of the changes called for in operative paragraph
10, which, according to paragraph 206 refer to […] the possibility of “the reinstatement of
the non-ratified judges to the Judiciary or the Public Prosecution Service, and to the
possibility of appealing decisions determining the non-ratification of a judge.” The
Commission emphasized the fact that the authorities’ obligation to exercise ex officio
conventionality control while the process of amending the legal framework was carried out
was made sufficiently clear in the judgment.
15.
The representatives of Jorge Luis Cuya Lavy made reference to several
documents,8 based on which they believed that the request for interpretation submitted by
the State should not to be limited to the issues raised, but rather include others ranging
from constitutional/legal considerations (Organic Law of the National Council of Justice) to
regulatory matters and the directives for the implementation of the current process of
evaluation and ratification of judges of the Judiciary and prosecutors of the Public Prosecution
Service, based on the regulations for the procedure governing the comprehensive evaluation
and ratification process for judges of the Judiciary and prosecutors of the Public Prosecution
Service. This meant that the National Council of Justice should proceed immediately to adapt
its scope to the parameters set by the Convention as established in the judgment of
September 28, 2021 and suspend the announcement of processes for the comprehensive
evaluation and ratification of judges of the Judiciary and prosecutors of the Public Prosecution
Service. This would avert any imminent risk of a repetition of the events described in the
judgment and of the State failing to perform its duties.9 Furthermore, the representatives
requested that the Court provide an extensive interpretation of the judgment dealing with
aspects related to the overarching process of ratifying judges and prosecutors.
16.
The representatives of Walter Antonio Valenzuela Cerna10 indicated that they
“understand that the judgment issued by the Court […] is direct and allows no room for
error.”
17.
The representative of Jean Aubert Díaz Alvarado and Marta Silvana Rodríguez
Ricse did not submit observations directly related to the State’s request for interpretation.
However, he drew attention to “three legislative proposals that the State must implement”:
(a) “amendment of subparagraph 13 of Article 48 of Law 29,277,11 under which the ‘failure
to give the grounds for judicial decisions’ is classified as a very serious offense”; (b) the
application of the principle of expiry in administrative sanctions procedures, according to
Article 259 of Law No 27,444, General Administrative Procedure Act,12 which establishes that
These were issued by: the President of the National Board of Justice; the President of the Judiciary; the
Judiciary; the Supreme Court of Justice of the Republic; the presidents of Peru’s 35 Higher Courts of Justice; the
President of the Higher Court of Justice of Arequipa; the President of the Justice and Human Rights Commission of
the Congress of the Republic; the President of the National Council of Deans of the Bar Associations of Peru; the
President of the District Association of Judges of Arequipa; and, the President of Peru’s National Association of Judges,
Association of Public Prosecutors, Association of Judges for Justice and Democracy, among others.
9
The representatives also pointed out that the Supranational Specialized Public Prosecutor’s Office had sought
the interpretation only at the request of the National Board of Justice, without considering the arguments of Peru’s
Judiciary.
10
On April 17, 2022, the representatives reported that Valenzuela Cerna had died on April 11, 2022.
11
Paragraph 13 of Article 48 of the law presently reads as follows: “Failure to give the grounds for judicial
decisions, or unjustified failure to perform judicial duties." The amendment proposed by the representative would
read: “Failure to give the grounds for judicial decisions. Complainants wishing to challenge this finding must have
appealed the decision that they find injurious.” Cf. Judicial Service Act, published on November 7, 2008, in the official
state newspaper El Peruano.
12
Article 259 establishes: “Administrative expiry of sanctions procedure 1. The period for issuing decisions
regarding sanctions procedures initiated ex officio is nine (9) months from the date of notification of proceedings.
This term may be extended exceptionally, for a maximum of three (3) months, and the competent body must issue
a duly justified decision on the reasons for the extension, before the initial term has expired. Administrative expiry
8
5