2 the Inter-American Commission (Appendix I) and the annexes used in drafting Report 76/11. Said merits report was notified to the Peruvian State by means of communication of August 4, 2011, granting it a two-month term to report on the implementation of the recommendations. The Peruvian State requested an extension from the Inter-American Commission in order to report on compliance with the recommendations. The Commission granted a two-month extension to the State and requested that it present a report by no later than December 20, 2011. The Commission received the State's report on time. On December 28, 2011, the State submitted a supplementary report. The Commission submits the instant case to the jurisdiction of the Inter-American Court due to the State’s failure to comply with the recommendations and the consequent need to obtain justice for the victims. During the period granted to the State to report on implementation of the recommendations, Peru questioned the conclusions of the report on the merits and considered that the recommendations to make full reparation to Ms. J. and to investigate the acts that violated her human rights were impossible to carry out given that J. was not in Peru. According to the State, the only measure of reparation is the new trial with guarantees of due process, and for that it would be necessary for Ms. J. to appear in person. In that regard, the Commission notes that the case involves a series of violations that vary in kind and thus require different forms of reparation that are not restricted to a trial with due guarantees. The case involves, for instance, violations of the right to humane treatment, which by their very nature and because of their effects requires compensation, moral reparation, and rehabilitation measures. As for the State's view that it is impossible to investigate the facts of the case, the Commission recalls, as stated in the report on the merits, that the State was apprised of Ms. J.'s allegations of torture on several occasions, including the initial petition to the IACHR, in spite of which it abstained from starting an investigation. This omission is ongoing given the failure to implement this recommendation. Furthermore, the State did not explain why Ms. J.'s presence is essential to throw light on the deeds that violated her human rights. In any event, that is no excuse for the State not carrying out its duty ex officio. At the same time, the Commission notes that the State did not report on measures adopted after the report on the merits to implement the remaining recommendations, which were to complete the process of adjustments to domestic laws and to refrain from exercising the punitive power of the State in cases in which the problems persist that generated the violations of the American Convention, including the use of evidence obtained illegally or arbitrarily. On this matter, the Commission notes that in its supplementary report the State particularly emphasized the need to investigate alleged crimes of terrorism and considered it unacceptable to waive the exercise of its punitive power. The Commission wishes to clarify that implementation of the recommendations made does not entail a waiver such as that referred to by the State. Rather, it would ensure that the domestic legal system is in line with Peru's obligations under the regional system. The Inter-American Commission submits to the jurisdiction of the Court the entire set of facts and human rights violations set forth in the report on the merits No. 76/11 and requests that the Court find and declare the State of Peru internationally liable for violating the rights to humane treatment, personal liberty, a fair trial, freedom from ex post facto laws and from retroactivity, privacy, and respect for her honor, dignity and private life, and judicial protection established in Articles 5, 7, 8, 9, 11 and 25 of the American Convention, in conjunction with the obligations established in Articles 1.1 and 2 of that instrument, to the detriment of Ms. J. Furthermore, the Commission requests that the Court find and declare Peru responsible for violation of the rights established in Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture and in Article 7 of the Convention to Prevent, Punish, and Eradicate Violence against Women, to the detriment of Ms. J. Consequently, the Commission asks the Inter-American Court to order the following:

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