5
Saquicuray’s decision declaring Amnesty Law No. 26479 inapplicable in the
Barrios Altos case. An audience on the applicability of the said law was
arranged for July 3, 1995.
m)
Judge Saquicuray’s refusal to apply Amnesty Law No. 26479 led to
another congressional investigation. Before the public hearing could be held,
the Congress of Peru adopted a second amnesty law, Law No. 26492, which
“was directed at interfering with legal actions in the Barrios Altos case”. This
law declared that the amnesty could not be “revised” by a judicial instance
and that its application was obligatory. Moreover, it expanded the scope of
Law No. 26479, granting a general amnesty to all military, police or civilian
officials who might be the subject of indictments for human rights violations
committed between 1980 and 1995, even though they had not been charged.
The effect of this second law was to prevent the judges from determining the
legality or applicability of the first amnesty law, invalidating Judge
Saquicuray’s decision and preventing similar decision in the future; and
n)
On July 14, 1995, the Eleventh Criminal Chamber of the Lima Superior
Court of Justice issued a decision on the appeal that was contrary to the
decision by the Judge at the lower level; in other words, it decided that the
proceeding in the Barrios Altos case should be quashed. In its judgment, this
Chamber decided that the Amnesty Law was not contrary to the Constitution
of the Republic or to international human rights treaties; that judges could
not decide that laws adopted by Congress could not be applied, because that
would go against the principle of the separation of powers; and ordered that
Judge Saquicuray should be investigated by the Judiciary’s internal control
organ for having interpreted laws incorrectly.
III
COMPETENCE OF THE COURT
3.
The Court is competent to hear this case. Peru has been a State Party to the
American Convention since July 28, 1978, and recognized the obligatory competence
of the Court on January 21, 1981.
IV
PROCEEDING BEFORE THE COMMISSION
4.
As a result of the petition submitted by the National Human Rights
Coordinator on June 30, 1995, against Peru for granting an amnesty to agents of the
State who were responsible for the assassination of 15 persons and the injuries
inflicted on a further four in the Barrios Altos incident, the Commission starting
processing the case, registered as No. 11528, on August 28, 1995. The Secretariat
of the Commission notified the State and requested it to transmit any pertinent
information on the facts within 90 days.
5.
On July 10, 1995, before the Commission started processing the case, the
petitioners requested precautionary measures to avoid the application of Law No.
26479 to the events that were the grounds for the instant case and to protect Gloria
Cano Legua, the lawyer of one of the survivors of the Barrios Altos massacre in the
criminal proceeding initiated against Army General Julio Salazar Monroe and other