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.
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