50
It is clear that the laws governing the crimes of terrorism and treason against the
fatherland in force in the State at the time of the facts in this case suffer from the
ambiguity just referred to.
158. The Court concludes, therefore, that the State violated, to the detriment of
Luis Alberto Cantoral-Benavides, Article 9 of the American Convention.
XIV
VIOLATION OF ARTICLES 7(6) AND 25(1)
RIGHT TO PERSONAL LIBERTY AND
JUDICIAL PROTECTION
159. As regards the violation of Article 7(6) and 25(1) of the Convention, the
Commission alleged that:
a)
during the detention and trial of Mr. Luis Alberto Cantoral-Benavides, it
was not possible to bring action on his behalf because “an express rule of the
anti-terrorism laws (Article 6 of Decree Law No. 25.659) prohibited the
presentation of writs of habeas corpus for facts related to the crime of
terrorism;”
b)
by not providing Luis Alberto Cantoral-Benavides with any means to
ensure respect for his fundamental rights, the State not only incurred in a
violation per se of Article 25(1) of the Convention, but also exempted him
from the obligation of exhausting domestic remedies; and
c)
on September 23, 1993, Luis Alberto Cantoral-Benavides’ submitted a
writ of habeas corpus, which was declared inadmissible on September 29,
1993 by the 26th Criminal Court of Lima.
160.
For its part, the State did not refer to the cited articles.
*
161.
*
*
Article 7 of the American Convention, subparagraph 6 states that:
Anyone who is deprived of his liberty shall be entitled to recourse to a competent court,
in order that the court may decide without delay on the lawfulness of his arrest or
detention and order his release if the arrest or detention is unlawful. In States Parties
whose laws provide that anyone who believes himself to be threatened with deprivation
of his liberty is entitled to recourse to a competent court in order that it may decide on
the lawfulness of such threat, this remedy may not be restricted or abolished. The
interested party or another person in his behalf is entitled to seek these remedies.
162.
Article 25(1) of the American Convention states that:
Everyone has the right to simple and prompt recourse, or any other effective recourse,
to a competent court or tribunal for protection against acts that violate his fundamental
rights recognized by the constitution or laws of the state concerned or by this
Convention, even though such violation may have been committed by persons acting in
the course of their official duties.
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