65
d)
With the said actions, Peru violated the right of the five pensioners to
have judges with general jurisdiction – civil judges – decide on their rights
impartially and independently, without the interference of the Executive.
“[I]n order to consider that a court respects the guarantee of the regular,
independent and impartial judge, that court should not only have been
established previously by a law, but also should have been established so that
its competence to hear the case submitted to it is derived from the said case
being one of those that, in general and in abstract, the law establishes should
be judged by that court”;
e)
The five pensioners filed a criminal complaint against the State agents
responsible for non-compliance with the judgments delivered by the Supreme
Court of Justice, seeking to have them investigated and punished for noncompliance. However, “the criminal recourses were ineffective to repair the
right of the pensioners to have the judgments in their favor complied with,
which violated the right to effective judicial protection embodied in Articles
8(1) and 25 of the Convention”;
f)
The communication of September 22, 2000, submitted by Javier
Mujica during the procedure before the Commission, stated, in the part
relating to the violation of the right to a fair trial, that the said change in
jurisdiction “constituted a flagrant violation of the principle of the judge with
general jurisdiction and also represented a covert means of assigning the
case to courts that were known to favor the position of the SBS.” On
September 26 that year, the Commission forwarded the pertinent parts of
this communication to the State so that the latter had the opportunity of
exercising its right to defense in view of the alleged violation;
g)
The applicants are allowed to extend the factual framework presented
by the Commission in the application and to include other events described
during the procedure before the Commission but not included in the
application;
h)
According to the Court’s new Rules of Procedure, the true parties to
the contentious proceeding are the individual plaintiffs and the State and,
only procedurally, the Commission. Moreover, the victims have the right to
participate autonomously in the international proceeding, so that, in their
application, they may include facts that were not included in the
Commission’s application, “provided the State is given the opportunity to
challenge them; and this can take place before the Court.” If the alleged
victims were denied this possibility, the principle of procedural equality would
be violated; and
i)
There is no provision in the Convention establishing that only the
Commission or the State may determine the factual basis for the proceeding
before the Court. Once the Commission has filed the application, the alleged
victims and the State may present autonomously any de facto and de jure
matters that they deem necessary to provide the Court with a better
understanding in order to deliver judgment.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos