113
made subject of criminal sanction to the detriment of his professional standing;”
and
c)
The Court should order the State “to modify completely and definitely
the provisions of Decree-Law No. 25.475 which the Constitutional Court of Peru
did not declare to be unconstitutional, which provisions have remained in force by
the passing of the pertinent Legislative Degrees, and the pertinent provisions of
the Criminal Code.”
Arguments of the representatives
278. As regards the determination of
representatives pointed out the following:
the
other
forms
of
reparation,
the
a)
The State should “[c]ease and put an end to [the] violations of the alleged
victims’ human rights, specified both in the application filed by the Commission
and in this Judgment, with the exception of the request made by the Commission
to ‘guarantee an new trial in compliance with the principle of nullum crimen nulla
poena sine lege praevia; in this respect, the [alleged] victims request[ed] that
the State guarantee that at the second proceedings at […] which they were
be[ing] tried, the principle of nullum crimen nulla poena sine lege praevia be duly
observ[ed] and that their rights to a due process and to procedural equality
between the parties be protect[ed]. If the State does not provide guarantees or
does not comply with them, the State has lost the right to prosecute us by
bringing us to trial for the third time;”
b)
“Since no danger could be proven to exist in order to support the request
that [Urcesino Ramírez-Rojas] […] be kept in custody, it is requested that an
order be issued for [his] release […] so that [he] may be set free after being held
in custody for thirteen years;”
c)
That the State be ordered to “make a public acknowledgement of
international responsibility and vindication of [the alleged victims] and their next
of kin;”
d)
That the State be ordered “to publish in the Official Gazette and in any
other nationwide newspaper and to transmit on the State television channel, for a
single time, the pertinent excerpts of the judgment that the Court may render
[…] in the instant case;”
e)
That the State be ordered “to conduct an investigation and to punish
those responsible for the violation of the rights enshrined by the Convention;”
f)
That the State be ordered “to adopt such measures as may be necessary
to amend Decree-Law 25.475 so that it is rendered compatible with the American
Convention;”
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