37. The Court received a testimony statement, given before a notary public 15, by Jaime Gómez
Valverde. This statement is admitted insofar as it conforms to the purpose defined by the
Resolution that ordered its receipt and the purpose of the present case. Regarding the expert
statements of Tania Zúñiga and Hernán Víctor Gullco, it is noted that they were not given before
a notary public and that, instead, each of the experts sent a video certifying the preparation of
the expert opinion and indicating that it was not possible to render it by affidavit due to difficulties
derived from the pandemic due to the spread of COVID-1916. The Court notes that Ms. Zuñiga
and Mr. Gullco should have communicated, prior to the preparation and submission of the
respective expert opinions, the difficulties related to their appearance before a notary public, so
that the Court could decide on the matter. For this reason, it will consider said statements, only
to the extent that they concur, together with other means of proof, with the confirmation of a fact
or situation in the case files.
VI
FACTS
38. The facts of this case will be presented below in the following order: A) Relevant national
regulatory framework b) On Mrs. Moya Solís and her ratification process; and C) Remedies filed
by Mrs. Moya Solís.
A. Relevant national regulatory framework
39. The relevant national legal framework for this case comprises Laws No. 23344 of 1981 and
No. 23369 of 1981 and Supreme Decree No. 003-82-JUS. Article 5 of Law No. 23344 establishes:
Article 5. - The Judicial Clerks will be ratified every three years by the Superior Court of the corresponding
Judicial District, the first ratification must be made within the seventy days following the application of this
law.17
40.
Law No. 23369 states:
Article 1. - Once the ratification of all the Magistrates of the Republic has concluded, the Superior
Courts of Justice will proceed to ratify the Clerks and Rapporteurs of the Court, within sixty days of
the ratification of the Magistrates.
Similarly, the Agrarian Court and the Privative Labor Court shall proceed to ratify their Secretaries
and Rapporteurs and the Secretaries of their respective Courts within the indicated term.
Article 2. - The officers who were not ratified according to the preceding article, may file an appeal
for review before the Supreme Court, within the tenth day after the decision is known, the ruling of
which will be decisive and final18.
The statement of Mr. Jaime Gómez Valverde was given on March 4, 2021 in the Province of Lima, Peru,
before the notary Carlos Martín Luque Rázuri.
15
The expert Tania Zuñiga, in the video sent to the Inter-American Court, indicated: “for reasons of health
and public health order, in the context of the COVID-19 pandemic, due to medical instruction regarding social
distancing and isolation, the undersigned proceeds to issue the requested expert report with the exception of the
certification by a notary public. I declare that the expert report that is sent from my email account has been prepared
in its entirety by me and the signatures that appear on each of the pages of the aforementioned report are my own
and authentic.” For his part, the expert witness Hernán Víctor Gullco said: “I am making this video to replace the
accreditation of my signature by a notary, which I cannot comply due to the measures taken to combat the COVID19 pandemic. I am the author of the report presented in this case, Moya Solís v. Peru. This I do from the city of
Buenos Aires, Republic of Argentina”.
16
17
Cf. Law N° 23344 of December 18, 1981 (evidence file, folio 7).
18
Cf. Law N° 23369 of December 30, 1981 (evidence file, folio 9).
11