Inter-American Court of Human Rights
Case of Durand and Ugarte v. Peru
Judgment of August 16, 2000

In Durand and Ugarte Case,
the Inter-American Court of Human Rights (hereinafter "the Court" or "the InterAmerican Court"), composed by the following judges:*
Antônio A. Cançado Trindade, President
Máximo Pacheco Gómez, Vice-President
Hernán Salgado Pesantes, Judge
Alirio Abreu Burelli, Judge
Sergio García Ramírez, Judge
Carlos Vicente de Roux Rengifo, Judge and
Fernando Vidal Ramírez, Judge ad hoc;
also, present,
Manuel E.Ventura Robles, Secretary and
Renzo Porni, Deputy Secretary,
pursuant to Articles 29 and 55 of the Rules of Procedure of the Court (hereinafter
"the Rule"), issues the following judgment:
When submitting this application before the Court, the Inter-American
Commission of Human Rights (hereinafter "the Commission" or "the Inter-American
Commission") relied upon Articles 50 and 51 of the American Convention on Human
Rights (hereinafter "the Convention" or "the American Convention") and Article 26
together with the next Rules of Procedure of the Court in force 1 . The Commission
stated this case to entitle the Court to decide whether the State of Peru (hereinafter
"the State" or "Peru") had violated the following Articles of the Convention: 1(1)
(Obligation to Respect Rights), 2 (Duty to Adopt the Clauses of National Law), 4
(Right to Life), 7(6) (Right to Personal Freedom), 8(1) (Judicial Guarantees), 25(1)
Judge Oliver Jackman refrained from knowing this case because of his participation in these
proceedings before the Inter-American Commission of Human Rights, when he was one of its members.

Proceedings approved by the Court in its XXIII Regular Session, held from January 9 to 18, 1991
and reformed on January 25 and July 16, 1993 and December 2, 1995.

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