59
B.4)
Appropriate classification of the crime of forced disappearance
190. The representatives requested the Court to order the State “the adjustment
of the criminal definition of forced disappearance to the international norms, in
particular, to Article II of the ICFDP, by means of the reform, as soon as possible, of
section 320 of the Criminal Code.” The State alleged that “[t]he Congress of the
Republic of Peru, through the Prior Ruling on the Bill Nº 1707/2007-CR, is classifying
the ‘Crimes against the International Law on Human Rights and International
Humanitarian Law’, among other aspects, mainly, it is modifying section 320 […] of
the Criminal Code.”
191. The Tribunal views as a positive step what the State informed, but it recalls
that said adaptation of the domestic legislation has been ordered in the Judgment
delivered in the case of Gómez Palomino. In this regard, the Court repeats that the
State must adopt all measures necessary to amend, within a reasonable period of
time, its criminal law in order to render it consistent with the international standards
on forced disappearance of persons, paying special attention to the provisions of the
American
Convention
and
the
Inter-American
Convention
on
Forced
Disappearance.230
B.5)
Training of justice administrators
192. The representatives requested the Court to order the State to establish a
training process aimed at the operators of the specialized judicial system, at those
who hear cases involving serious human rights violations and at the Ombudsman of
Peru. In addition, they requested the Court to order the State to provide the judicial
system with the necessary resources to carry out its functions. The State argued
that “[t[he training of the Justices is provided by the Academia de la Magistratura
[Magistracy Academy], an entity that completely fulfils its role", and presented the
statistics about the progress made in the prosecution of 34 cases brought to justice
by the National Criminal Chamber, upon the recommendation of the Truth and
Reconciliation Commission.
193. The violations attributable to the State in the instant case were perpetrated
by state agents. Moreover, the violations were heightened by the existence, at the
time of the events, of a widespread context of impunity for serious human rights
violations fostered by judicial operators. As a result, without detriment to the
existence of training programs in Peru imparted by the Academia de la Magistratura
for judicial officers, the Tribunal considers equally necessary for the State to
implement, within a reasonable time, permanent education programs on human
rights addressed to members of the intelligence services, the Armed Forces, as well
as judges and prosecutors. Said programs must mention, specially, the instant
Judgment and the international human rights treaties and, specifically, the treaties
related to forced disappearance of people and torture.
C)
C(1)
230
Measures of satisfaction and guarantees of non-repetition
Publication of the pertinent parts of the instant Judgment
Cf. Case of Gómez Palomino V. Peru, supra note 63, para. 149.
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