12
…[T]he State reiterated its willingness to enter into direct discussions in order to reach
an effective solution ... to attack the validity of the procedural obstacles that impede the
investigation and punishment of those who are found responsible in the instant case; we
refer, in particular, to the amnesty laws.
…
…The formula of annulling the measures adopted within the context of impunity in this
case is, in our opinion, sufficient to promote a serious and responsible procedure to
remove all the procedural obstacles linked to the facts; above all, it is the formula that
permits, and this is our interest, recovering procedural and judicial options to respond
to the mechanisms of impunity that were implemented in Peru in the recent past, in
accordance with the law, and opening up the possibility ... of bringing about a decision
under domestic law, officially approved by the Supreme Court, that allows the efforts
that... are being made to expedite ... these cases, to be brought to a successful
conclusion.
The Commission’s arguments
36.
In this respect the delegate of the Inter-American Commission began his
statement:
congratulating the Government of Peru for its attitude before the system, for its attitude
in the numerous cases that it is trying to resolve before the Commission, but, above all,
for its attitude in this case, which is exemplary for many reasons [, above all] owing to
the positive attitude of the Government towards finding solutions, particularly, because
that attitude gives the Commission and the Honorable Court a special opportunity, a
truly historic opportunity, to advance international human rights law, based on
measures under domestic law that contribute to combat impunity, which is one of the
evils of our hemisphere, to which this Court and ... the Commission have accorded
fundamental importance. I believe that this attitude of the Government of Peru gives us
the opportunity to associate ourselves with the people of Peru, their Government and
their civil society, to find creative solutions, which may subsequently be emulated and
imitated throughout the hemisphere and beyond it.
…
[This case] is essentially a very serious and very sad case of extrajudicial executions
committed by agents of the Government of Peru, acting unlawfully and clandestinely ...
But, it is also about ... the deliberate imposition of legislative and judicial mechanisms
to prevent the facts being known and prevent those responsible from being punished.
This is why ..... it is not only about the gruesome events that occurred in Barrios Altos,
but also about the attitude assumed by the former Government of Peru when it violated
its international obligations by adopting laws, with the only purpose of granting
impunity. ...In the coming days, weeks, months, these obstacles in the Peruvian
legislation must be specifically removed so that the Barrios Altos victims may effectively
have access to truth and justice and have recourses to enforce their rights before the
State of Peru.
…The circumstances are ripe for us to reach an agreement with the Government of Peru
on the concrete meaning, the concrete conduct arising from its recognition of
responsibility, and for this agreement on compliance to be officially endorsed by the
Honorable Court as soon as possible, so that it constitutes an instrument that can
subsequently be used, under Peru’s domestic laws, as a tool to destroy and remove the
remaining obstacles in order to combat impunity in Peru.
…
…This is a historical moment [and…] we are very grateful and very honored, not only to
be in the presence of the Court, but also in the presence of a Government that is taking,
has taken and will continue to take important measures to ensure that human rights are
fully guaranteed…