6
*
*
23.
That in the Order of September 22, 2005, the Court requested the State to
submit updated information on the “duty to investigate the facts of the instant case
so as to ascertain those responsible for the violations of human rights referred to in
the Judgment on the merits, as well as to publicly release the result of said
investigation and the punishment of the responsible parties" (operative paragraph
five of the Judgment on the merits of March 14, 2001.)
24.
That in its brief of January 11, 2008, the State made reference to procedural
acts dating from year 2005.
25.
That the representatives pointed out -in their comments of February 29,
2008-, that “the case of Barrios Altos [was] still in the Oral Proceedings stage before
the Primera Sala Penal Especial (First Special Criminal Chamber), Case File No. 282001 [and that] the witnesses presented by the Public Prosecutor [were] being
examined, as well as other parties to the process.” The representatives argued that
"case file No. 19-2001-AV is under proceedings before the Special Criminal Chamber
of the Supreme Court of Peru, where former president Alberto Fujimori is indicted for
the facts of Barrios Altos”. They further stated that “before the extradition judgment
of October 29, 2007, the Supreme Prosecutor in charge of the case shaped his
charges requesting imprisonment for 30 years and the payment of 100 millions
nuevos soles by way of civil reparation for the benefit of those injured by the cases
of Barrios Altos and La Cantuta [and that] the beginning of the hearings of the oral
proceedings against Alberto Fujimori was set on December 10, 2007. No judgment
[had] been pronounced until [February 2008]. Until February 28, 2008, twenty-nine
sessions [had] been held within the witness examination stage.”
26.
The Commission stated that, “it notices with satisfaction that important
measures tending to the undertaking of an investigation regarding the eventual
responsibility of Mr. Fujimori have been taken." Furthermore, it remarks that said
reparation measure ordered by the Court should not only be sufficiently diligent, but
should also be accomplished within a reasonable time.
27.
That the Court appreciates the judicial actions taken in advance by the
Peruvian authorities in order to investigate and -should it be the case- punish those
responsible for the crimes committed in relation with the instant case. Said actions
evidence the willingness of the State to fulfill its obligations to respect and guarantee
the rights acknowledged by the Convention to the victim and his/her next of kin, and
to ascertain the truth of what has happened, so as to prevent the impunity
conditions which allow this type of facts from occurring again.4
28.
That it is necessary that the State submit before the Inter-American Court
updated information regarding the development of the judicial proceedings instituted
in advance in compliance of this State obligation (operative paragraph five of the
Judgment on merits of March 14, 2001).
Cf. Case of Myrna Mack Chang. Merits, Reparations and Costs. Judgment of November 25, 2003.
C Series No. 101, par. 156; Case of La Rochela Massacre, supra note 10, par. 148, and Case of the Pueblo
Bello Massacre, supra note 10, par. 146.
4