criminal proceeding in the military jurisdiction, the State failed to take any action for eight years.
They indicated that, during the first four years, Laws Nos. 26,479 and 26,492 incorporated
impunity for gross human rights violations into law, and that, during the four following years, a
democratic regime was in place that failed to order ex officio a new investigation into the
disappearance of Jeremías Osorio Rivera. The representatives also considered that, although the
proceeding concerning Jeremías Osorio Rivera before the military jurisdiction was not archived as a
result of the entry into force and application of Laws Nos. 26,479 and 26,492, they did represent a
legal obstacle in the search for truth and justice for the disappearance of Jeremías Osorio Rivera,
because such events could not be investigated and because constitutional control of these norms
was not possible. Therefore, they concluded that “the State failed to comply with its obligation to
adapt its domestic law to the American Convention, as established in Article 2 of this international
instrument during the period when the amnesty laws had legal effects.”
175. The State underscored that, for the purposes of the analysis made by the Court, it would
only take into account those measures ordered by the authorities and that, in principle, it was not
for the Court to determine whether specific investigative actions or measures were appropriate or
useful. According to the State, during the investigation, different measures were taken that
responded to standards of due diligence and that, even though there may have been some
omissions and delays in implementing some of them, taken as a whole, these were not sufficiently
serious to constitute the State’s international responsibility for a violation of the rights to judicial
guarantees and protection. The State indicated that, “at the date of the events of this case, the
intervention of the military system of justice was understood to be in keeping with the standards of
the Inter-American Court at that time, because the Court had not yet ruled on this matter, and
with the domestic legal framework.” It concluded by indicating that the current standards
established by the inter-American human rights system could not be required of the Peruvian State
in this case, because this would entail their retroactive application to the case sub judice. The State
pointed out that “for the effects of this case, and considering that Jeremías Osorio had supposedly
been the subject of alleged enforced disappearance as of his transfer from Nunumia to Cajatambo,
it was unimportant to conduct the said inspection in Nunumia.” During the public hearing, the State
referred to the final judgment of the Supreme Court, which established that “regarding the record
of release, the different appeals have indicated that this is merely an attempt to justify and to
conceal the enforced disappearance to which the victim was subjected; however, it has not been
proved that the document was a forgery.” In its final arguments, the State added that, although
the supreme final judgment was published on August 27, 2013, on the Judiciary’s institutional
website, the decision was taken on April 17, 2013, and not because of the public hearing. Lastly,
the State indicated that the said judgment reflects and rectifies the defects identified by the
Supreme Court in its first final judgment, so that it cannot be asserted that the two judges who
indicated their disagreement with the first final judgment now support the second one. The State
affirmed that the investigation into the facts of this case is fairly complex because it relates to a
detention and subsequent disappearance; that the State’s duty to meet the requirements of justice
prevails over the guarantee of a reasonable time and that the judicial authorities acted fairly
promptly, and that once the State authorities became aware of the facts, the Provincial Prosecution
Service for Civil and Criminal Matters opened the investigation. The State indicated that, “in this
case there is no relationship between the absence of criminal responsibility of the presumed author
of the crime of enforced disappearance at the domestic level, with the wording of the definition of
the crime of enforced disappearance,” and that the investigations have approached the events in
accordance with the crime of enforced disappearance in force in Peruvian law at the time. The
supposed incorrect definition of the crime has not obstructed the implementation of the
investigations or proceedings opened for the enforced disappearance of Jeremías Osorio Rivera.
Added to this, according to the State, in January 2012, a proposal was presented to the Ministry of
Justice and Human Rights to amend the definition of the crime of enforced disappearance, and this
was forwarded to the President of the Congress of the Republic to serve as a preliminary bill to
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