97 1. Everyone has the right to have his honor respected and his dignity recognized. 2. No one may be the object of arbitrary or abusive interference with his private life, his family, his home, or his correspondence, or of unlawful attacks on his honor or reputation. 3. Everyone has the right to the protection of the law against such interference or attacks. 214. The Court observes that the violations of Articles 7 and 11 were submitted by the representatives of the alleged victim in their brief with final arguments, so that the State did not have the procedural opportunity to present its arguments in that respect. Accordingly, the Court will not rule on the alleged violations of Articles 7 and 11 of the Convention, because they were not submitted at the appropriate procedural opportunity. XII VIOLATION OF ARTICLE 2 OF THE AMERICAN CONVENTION (DOMESTIC LEGAL EFFECTS) Arguments of the Commission 215. With regard to the violation of Article 2 of the American Convention, the Commission argued that: a) The State violated the obligation to adopt provisions of domestic law, established in Article 2 of the Convention, “by enacting and enforcing Decree Laws Nos. 25,475 and 25,659”; b) The fact that Decree Laws Nos. 25,475 and 25,659 are in force implies that the Peruvian State “has not taken adequate legislative measures to give effect to the rights embodied in the Convention”; and c) It acknowledges that the judgment of the “Constitutional Court [of Peru of January 3, 2003,] and the subsequent legislative decrees constitute progress in the matter, although this does not mean that the adaptation of the said legislation is complete.” Arguments of the representatives of the alleged victim 216. Regarding the violation of Article 2 of the American Convention, the representatives of the alleged victim argued that: a) “Further delay in eliminating all use of Decree Law [No.] 25,475 and in ending all the violations of the American Convention […] resulting from its previous and continuing enforcement, will cause great harm to the victims of such violations, the integrity of the laws, the legal system, the rights of the Peruvian people, and the cause of human rights in the hemisphere”; and b) The promulgation of “seven laws modifying the anti-terrorist legislation” did not eliminate the defects of the norms used to try Lori Berenson before the civil court and were subsequent to her trial, so that they had no effect on the alleged victim’s rights.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents