41. Supreme Decree No.003-82-JUS established the procedure to carry out the ratification
process for judicial clerks:
Article 1. - Within the five days following publication of these Regulations, the President of the
respective Superior Court - or whoever is replacing them in the position - will designate a
Commission made up of no more than seven of the least senior Members, in the case of Lima; of
five, in the cases of El Callao, Cusco and Arequipa, and of three, in those of the remaining Superior
Courts of the Republic; and, among them, who will preside over it, for the purposes referred to in
the following articles.
Article 2. - The members of the aforementioned Commission will distribute the work so that they
are constituted in the offices of the clerks of the Courts of First Instance in Civil and Criminal
matters, Juvenile, Enforcement and Small Claims Courts of the respective judicial district. Upon
constitution, the member commissioned will proceed to:
a)
b)
c)
Review the files in process so that, when issuing the corresponding report, it gives the clearest
idea of the actions of the clerk in charge of them;
Specify the cases of breach of legal obligations incurred by the clerk, issuing the corresponding
record; and
Obtain a written report from the clerk on the cases indicated in the preceding paragraph and
receive from them the appropriate evidence for the defense.
Article 3. - The member referred to in the preceding article shall obtain written reports from the
corresponding judges on the performance and conduct of each one of the clerks assigned to his court.
They may also request reports on said aspects from the Bar Association of the Judicial District or,
where appropriate, from the Bar Association of the province and to institutions and persons it
deems appropriate.
The reports referred to in this article may not contain pronouncements on the ratification or nonratification of the clerk on whom the report is concerned. Otherwise, the opinion expressed in this
regard will not be taken into account.
Article 4. - With the minutes and the reports referred to in the previous articles, the member
commissioned will create a file for each Clerk of the Court.
Once the province visit is over, the member commissioned shall issue his written report to the
President of the Commission of which he is a member. At its meeting the Commission will
examine the files and the aforementioned report and will pronounce on their merit in a written
report that, with the necessary attachments, it will submit to the President of the Supreme Court
within thirty days following the appointment of the Commission.
Article 5. - Once the first provincial report of the Commission has been received, the President of the
Superior Court will summon the Plenary Chamber so that, in permanent session and as the other
provincial reports are received, it can rule on the ratification or non-ratification of the clerks of the
Judicial District.19
42. Finally, Decree Law No. 14605 of July 25, 1963, contained in the Organic Law of the
Judiciary in force on the date of the events, regulated the requirements, actions, obligations,
sanctions and other matters related to the clerks of the courts.20
B.
On Mrs. Moya Solís and her ratification process
43. Mrs. Moya Solís was 27 years old at the time of the events, with a bachelor's degree in
business administration, a law and political science student, and a judicial clerk since December
19
Cf. Supreme Decree N° 003-82-JUS, of January 12, 1982 (evidence file, folio 11).
20
Cf. Decree Law No. 14605 of July 25, 1963. Organic Law of the Judiciary (evidence file, folios 684 to 686).
12