would imply the loss of certain prison benefits that had been embodied in this Decree.
However, the Court considers that such information is outside the scope of the
obligations subject to the monitoring of compliance, as this issue was not addressed in
the Judgment. Therefore, the Court does not consider it pertinent to rule on this matter.
16.
Moreover, in exercise of its powers in relation to monitoring compliance, the Court
reiterates the points made in the cases of Castillo Petruzzi et al. and Loayza Tamayo v.
Peru, in which the State adopted measures to comply with the domestic legal reforms as
a result of the violations declared in the respective Judgments. 10 It should be pointed
out that the legislation under review in these cases also gave rise to the violations
declared in this case.
17.
In these orders for monitoring compliance, the Court considered that “measures
were adopted intended to repeal some domestic norms that are contrary to the
Convention […] through their annulment, reform, or new interpretation.”11 These reforms
addressed: i) the infringement of the guarantee of a natural judge and the use of the
military jurisdiction to try civilians12; ii) the questioning of the presumption of innocence
by opening pre-trial investigations with an arrest warrant, 13 iii) prohibition of the recusal
of judges 14; iv) violations of the right to defense;15 v) the impossibility of appointing an
attorney until evidence is taken,16 vi) the possibility of being held incommunicado,17 and
vii) the poor conditions of detention for those serving prison sentences.18 In this regard,
the Court acknowledged that “some relevant legal norms have been adopted, whose
content [wa]s designed to comply with standards of international human rights law.”19
18.
Notwithstanding the foregoing, the Court recalls that it is not only the suppression
or issuing of regulations in domestic legislation that guarantees the rights enshrined in
the American Convention, pursuant to the obligation set forth in Article 2 of that
instrument. The development of State practices leading to the effective observance of the
rights and liberties enshrined therein is also required. Therefore, the existence of a
regulation does not, of itself, guarantee its effective application. The application of
regulations or their interpretation, as jurisdictional practices and the expression of the
State’s public order, must pursue the same purpose as Article 2 of the Convention. In
other words, the Court emphasizes that the judges and organs associated with the
10
Cf. Case of Castillo Petruzzi et al. v. Peru. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of July 1, 2011, Considering para. 19, and Case of Loayza Tamayo v. Peru.
Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights of July 1, 2011,
Considering para. 34.
11
Cf. Case of Castillo Petruzzi et al. v. Peru, supra note 10, Considering para. 19.
12
Cf. Case of Castillo Petruzzi et al. v. Peru, supra note 10, Considering para. 12.
13
Cf. Case of Castillo Petruzzi et al. v. Peru, supra note 10, Considering para. 18.
14
Cf. Case of Castillo Petruzzi et al. v. Peru, supra note 10, Considering para. 15.
15
Cf. Case of Castillo Petruzzi et al. v. Peru, supra note 10, Considering para. 13.
16
Cf. Case of Castillo Petruzzi et al. v. Peru, supra note 10, Considering para. 13.
17
Cf. Case of Castillo Petruzzi et al. v. Peru, supra note 10, Considering para. 17.
18
Cf. Case of Castillo Petruzzi et al. v. Peru, supra note 10, Considering para. 14.
19
Cf. Case of Castillo Petruzzi et al. v. Peru, supra note 10, Considering para. 19.
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