facts no longer exists. Furthermore, the State indicated that the Prosecutor General had
decided to convert the First, Second and Third Provincial Criminal Prosecution Offices into the
First Corporative Provincial Prosecution Office of Huamanga, so that the entity in which the
victim was employed no longer exists, and this made his reinstatement impossible. It added
that providing compensation to the victim was not admissible either because the Public
Prosecution Service, when ordering the termination of the temporal designation, acted within
its legal powers and attributes, so that “it ha[d] not harmed the person of Julio Casa Nina.”
132. With regard to the State’s arguments, the Court notes that, by a resolution of the
National Council of the Judiciary of February 9, 2005, an official was appointed to assume, as
the incumbent, the post occupied by Mr. Casa Nina at the time his designation ended. 127 This
situation reveals that, in this specific case, it is not viable to order the victim’s reinstatement
as requested. Accordingly, in light of the violations declared in this judgment, the State must
pay Julio Casa Nina compensation, which this Court establishes, in equity, as US$30,000.00
(thirty thousand United States dollars).
C. Measures of satisfaction
133. Even though the parties and the Commission did not submit any specific requests with
regard to measures of satisfaction, the Court, as it has in other cases,128 establishes that the
State must publish, within six months of notification of this judgment, in a legible and
appropriate font: (a) the official summary of this judgment prepared by the Court, once, in
the Official Gazette, and (b) this judgment in its entirety, available for one year, on the official
website of the Public Prosecution Service. The State must inform this Court immediately when
it has made each of these publications, regardless of the one-year time frame for presenting
its first report established in the tenth operative paragraph of this judgment.
D. Guarantees of non-repetition
134. The Commission requested that the Court order measures of non-repetition that
included the necessary measures: (a) “ to prevent similar events from taking place in the
future; in particular, to ensure application of the rules of due process in the context of
procedures for the dismissal or removal of prosecutors, regardless of whether or not they are
provisional,” and (b) “so that domestic law and relevant practice conform to clear criteria and
ensure guarantees in the appointment, tenure and removal of prosecutors, pursuant to the
criteria set forth in the [Merits] Report.” Mr. Casa Nina’s representative did not submit
requests in this regard.
135. The State argued that it applied the rules of due process in the procedures for the
dismissal and removal of prosecutors, while reiterating that this case was not related to a
dismissal or removal, but rather to the termination of a designation based on the needs for
the service. It indicated that, in 2019, the National Authority for the Control of the Public
Prosecution Service was created by Law No. 30944, and its functions include supervision of
the designation of non-career provisional prosecutors, which must be made through a public
competitive selection procedure. It added that this authority was currently being set up and
brought into operation so that, opportunely, it would provide updated information on this
matter.
Cf. Resolution of the National Council of the Judiciary of February 9, 2005 (evidence file, volume IV, annex 24
to the answering brief, folio 997).
127
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C No.
88, para. 79, and Case of Almeida v. Argentina, supra, para. 65.
128
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