86
Muñoz-Atanasio, Zorka Muñoz-Rodríguez, Vladimir Ilich Muñoz-Sarria, Rosario MuñozSánchez, Fedor Muñoz-Sánchez, José Esteban Oyague-Velazco, Pilar Sara Fierro-Huamán,
Carmen Oyague-Velazco, Jaime Oyague-Velazco, Demesia Cárdenas-Gutiérrez, Augusto
Lozano-Lozano, Juana Torres de Lozano, Víctor Andrés Ortiz-Torres, Magna Rosa Perea de
Ortiz, Andrea Gisela Ortiz-Perea, Edith Luzmila Ortiz-Perea, Gaby Lorena Ortiz-Perea,
Natalia Milagros Ortiz-Perea, Haydee Ortiz-Chunga, Alejandrina Raida Cóndor-Saez, Hilario
Jaime Amaro-Ancco, María Amaro-Cóndor, Susana Amaro-Cóndor, Carlos Alberto AmaroCóndor, Carmen Rosa Amaro-Cóndor, Juan Luis Amaro-Cóndor, Martín Hilario AmaroCóndor, Francisco Manuel Amaro-Cóndor, José Ariol Teodoro-León, Edelmira Espinoza-Mory,
Bertila Bravo-Trujillo, José Faustino Pablo-Mateo, Serafina Meza-Aranda, Dina Flormelania
Pablo-Mateo, Isabel Figueroa-Aguilar, Román Mariños-Eusebio, Rosario Carpio CardosoFigueroa, Viviana Mariños-Figueroa, Marcia Claudina Mariños-Figueroa, Margarita MariñosFigueroa de Padilla, Carmen Chipana de Flores and Celso Flores-Quispe.
XI
GENERAL DUTY TO ADOPT DOMESTIC LAW MEASURES
(ARTICLE 2 OF THE AMERICAN CONVENTION)
162.
Argument by the Commission
a)
the formal existence of amnesty laws No. 26,479 and No. 26,492 in the
Peruvian legal system constitutes per se an infringement of Article 2 of the
Convention. Such Article includes the positive duty of the States to repeal any
legislation that runs counter to its aim and purpose;
b)
since the legal system does not ensure the nullity and ineffectiveness of the
amnesty laws, the State is liable for the failure to comply with the duty to
have its legal system conform to the Convention. Thus, the Commission
requested that the Court direct the State to adopt measures to guarantee that
the laws are “deprived of effects;”
c)
in its final arguments, the Commission recognized that the State has adopted
measures “aimed at partly curing the structural impunity that prevailed in the
previous decade” and nevertheless, citing recent decisions issued by the
Court and “taking into account its power to regard any provision in the
domestic law of a State Party as violating the State's duties," it deemed it
"necessary for the State to assure that such laws are ruled out from its legal
system.” Although the Commission considered that “it would not be
appropriate to issue a decision on the specific characteristics of the official
instrument aimed at repealing the amnesty laws," it pointed out that the
concept of “repeal” is directly linked to the “principle of the rule of law and to
that of legal certainty [...], which requires that the law be repealed by virtue
of an official instrument of equal or superior hierarchy," which, in its opinion,
none of the measures adopted so far by state organs has satisfied; and
d)
none of the measures adopted by the State have been adequate to assure
that the amnesty laws are repealed with the requisite legal certainty and
finality pursuant to the full observance the Rule of Law. As long as they are
not ruled out from the Peruvian legal system, there is no adequate judicial
guarantee that the amnesty laws will continue to be ineffective.
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