38
psychological torture. The Court also considers that said acts were planned and
inflicted deliberately upon Mr. Cantoral-Benavides for at least two purposes. Prior to
his conviction, the purpose was to wear down his psychological resistance and force
him to incriminate himself or to confess to certain illegal activities. After he was
convicted, the purpose was to subject him to other types of punishment, in addition
to imprisonment.
105. As regards the alleged violation of Article 5(1) and 5(2) of the Convention visà-vis the relatives of Mr. Cantoral-Benavides, the Court recognizes that the situation
Mrs. Gladys Benavides-de-Cantoral and Mr. Luis Fernando Cantoral-Benavides,
mother and brother of the victim, respectively, went through as a result of his
detention and imprisonment caused them severe suffering and anguish, but the
Tribunal will assess same when setting necessary reparations for proven violations of
the American Convention.
106. Given the above, the Court concludes that the State violated, to the detriment
of Mr. Luis Alberto Cantoral-Benavides, Article 5(1) And 5(2) of the American
Convention.
XII
VIOLATION OF ARTICLE 8
RIGHT TO A FAIR TRIAL
107. The Commission alleged that, in the present case, the State had violated the
following rights and guarantees of due process covered in the American Convention:
to a hearing before an independent and impartial tribunal (Article 8(1)); to the
presumption of innocence (Article 8(2)); to have adequate time and means to
prepare a proper defense (Article 8(2)c); to choose a lawyer (Article 8(2)d); to
question witnesses (Article 8(2)f); to not be compelled to be a witness against
himself and to speak without coercion of any kind (Article 8(2)g and 8(3)); to not be
subjected, after being acquitted in a nonappealable judgment, to a new trial for the
same facts –non bis in idem- (Article 8(4)), and to a public trial (Article 8(5)).
Violation of Article 8(1) of the Convention
Competent, independent and impartial judge
108.
As regards the violation of Article 8(1) of the Convention, the Commission
alleged that:
a)
Mr. Cantoral-Benavides was judged, both in the military and regular
courts, by “faceless judges” who lacked the independence and impartiality
demanded by Article 8(1) of the Convention;
b)
Decree Law 25.659 (Crime of Treason Against the Fatherland) states
that persons accused of having committed said crime shall be judged by
military judges. By expanding the military jurisdiction to include civilians,
Peru contradicts due respect for the guarantees of the administration of
justice and the right of persons to be judged by the appropriate and
competent judge. The exclusive military jurisdiction is a special jurisdiction
which is subordinate to the Executive Branch; and
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents