9
ii.
iii.
f)
Mr. Cantoral expected a concrete answer about the fellowship
in Peru. However, when he received no answer from the State,
he returned to Brazil to study, and
They requested that the State reimburse the money that the
victim had spent thus far, in the amount of US$590.70 per
month since January 2004, in order to cover his educational
and living expenses in Brazil, and that by mutual agreement
with Mr. Cantoral, the State settle on a sum that it must pay
him each month, until he completes his studies.
Concerning the obligation to investigate, identify and punish the
responsible parties,
i.
ii.
iii.
iv.
The State is attempting to evade its obligation to investigate
and punish the responsible parties by invoking rules and
provisions of its own domestic laws;
The argument the Peruvian State makes claiming that the
specific crime of torture did not exist in its legal system is
without merit, since the criminal prosecution of that crime was
the State’s duty under conventional and customary
international law;
The State’s argument that the crimes committed at the time of
the events were now statute-barred, constitutes “a new
challenge to the Court,” which has already held that provisions
that attempt to thwart the investigation and punishment of
those responsible for human rights violations are, under its
case law, inadmissible. This also constitutes noncompliance
with the Court’s Order of November 27, 2003 (supra Having
Seen 5). The State has not complied with the obligation to
pursue the measures taken by the Public Ministry; instead, it
persists in putting up arguments that the Court has already
discredited and rejected; therefore, the State is not in
compliance with this point, and
Concerning the statement of interpretation that the Peruvian
State filed when it acceded to the Convention on the NonApplicability of Statutory Limitations to War Crimes and Crimes
Against Humanity to the effect that the Convention would only
apply to crimes committed subsequent to the date on which the
Convention entered into force for Peru, the representatives
contend that the statement has no force in law and cannot be
used to avoid judicial prosecution and punishment of the
torture committed against Mr. Cantoral or any other
investigation into other “grave crimes” committed during the
internal armed conflict.
CONSIDERING THAT:
1.
Oversight for compliance with its decisions is an authority inherent in the
Court’s jurisdictional functions.
2.
Peru has been a State Party to the American Convention since July 28, 1978
and recognized the Court’s binding jurisdiction on January 21, 1981.