Atilio Regis Canelo Ramírez (P-822-08)
18.
The petition was filed personally by Atilio Regis Canelo Ramírez on July 14, 2008, and it was
forwarded to the State on November 18, 2013. Additional observations and information submitted by the
parties were duly forwarded, respectively, by the Commission.
19.
The petitioner pointed out that, in the framework of the process to evaluate and renew judges
and prosecutors to which he was subjected, the National Judicial Council, by Resolution No. 159-2001 of August
17, 2001, resolved to not renew his position as First Court Judge of the province of Chepén of the Judicial District
of La Libertad, a decision that was notified to him on August 20, 2001.
20.
As for the exhaustion of remedies, the petitioner stated that in the Peruvian State there are no
due legal guarantees to protect the rights that were allegedly violated. In particular, he indicated that, if he had
filed an appeal on constitutional grounds, the Constitutional Court would have ruled that the decisions of the
National Judicial Council were autonomous and, as a result, they would not require any review by another
instance, as had occurred in similar cases.
Jean Aubert Alvarado Díaz (P-739-08)
21.
The petition was filed personally by Jean Aubert Alvarado Díaz on June 25, 2008, and it was
forwarded to the State on November 20, 2013. Additional observations and information submitted by the
parties were duly forwarded, respectively, by the Commission.
22.
The petitioner argued that he became a part of the Judiciary as a Deputy Provincial Criminal
Prosecutor with tenure in 1989. He indicated that he had acted, over the past few years, as Provincial
Prosecutor for Aggravated Offenses and Contraband in Huancayo. He indicated that, in the framework of the
process of evaluating and renewing judges and prosecutors, on July 13, 2001, the National Judicial Council, by
Resolution No. 095-2001-CNM, notified him of its decision to not renew him in the position of Deputy Provincial
Criminal Prosecutor, a decision that did not provide any reasons whatsoever.
23.
Against this decision, he filed an appeal on constitutional grounds with the Mixed Jurisdiction
Court of Puente Piedra of the Superior Court of Justice of North Lima, which was ruled inadmissible in the last
instance by the Constitutional Court on December 19, 2007, a decision that was notified to him on March 19,
2008. This appeal was dismissed because it had been filed on December 6, 2006, six years after CNM’s ruling,
which according to the Constitutional Court had incurred the statute of limitations for the proceedings as the
time-limits of 60 days provided for in Article 44 of the Constitutional Proceedings Code had expired.
Marta Silvana Rodríguez Ricse (P-1065-08)
24.
The petition was filed personally by Marta Silvana Rodríguez Ricse on September 15, 2008,
and it was forwarded to the State on January 14, 2014. Additional observations and information submitted by
the parties were duly forwarded, respectively, by the Commission.
25.
The petitioner argued that she started working for the Attorney General’s Office in March
1982. She pointed out that, from February 2, 1993 to July 13, 2001, she discharged the duties of Deputy
Provincial Prosecutor of the Mixed Jurisdiction Provincial Prosecution Service of Huancayo, Judicial District of
Junín, a position that was not renewed after she had undergone the process of evaluation and renewal. CNM’s
decision was notified to her by official letter No. 565-SG-CNM-2001 of June 13 of that year.
26.
She pointed out that she had filed an appeal on constitutional grounds against the decision of
nonrenewal, which was ruled inadmissible in limine by the Mixed Jurisdiction Court of Puente Piedra on
September 18, 2006. She contended that she had also filed an appeal with the First Specialized Civil Court of
North Lima, which upheld the ruling of the first instance. Finally, she indicated that she had filed a special