6
records against Mrs. Loayza Tamayo, so that the victim can examine the order and
determine whether the State has complied with this point of the judgment."
*
*
*
18.
That with regard to the adoption of measures of domestic law necessary for
adapting Decree-Laws 25,475 (Crime of Terrorism) and 25,659 (Crime of Treason) to
conform to the American Convention, the State noted that measures of domestic law
had already been adopted.
19.
That the representative of the victim stated, "...it is clear that if the
Constitutional Court abolished Decree-Law 25,659, this guarantees that the principle
of non bis in idem, that was violated in the case of María Elena Loayza, will be
upheld." In this regard, she added that "...the fact of the matter is that the State has
complied at least with regard to the principle of non bis in idem."
20.
That the Commission stated that it was "...currently processing a number of
petitions and cases alleging violation of the American Convention that had occurred
even though the amendments outlined by the State were on the books and that, in
keeping with its Convention-based powers, it would continue to analyze and monitor
the object of this obligation."
21.
That as stated in the Memorandum of the Meeting (supra Having seen no.
12), "...the victim and the agent of the State agree that the legislative reform bars
any trials that violate the principle of non bis in idem for crimes of terrorism and high
treason criminalized under these Decree-Laws [25,475 and 25,659], as occurred in
the instant case." In this regard, the Court takes note of statements by the victim,
her representative and the State.
*
*
*
22.
That with regard to the investigation of the facts of the case, identifying and
punishing the perpetrators, and the adoption of all necessary domestic legal
measures to ensure that this obligation is discharged, the State reported, "On
October 31, 2007, the 21st Criminal Court of Lima set aside case number 155-03
against Juan Briones Guerra et al. for crimes against life, person and health, severe
injury and rape, as ordered in summary proceedings by the Third Chamber of
Defendants on Bail (Tercera Sala de Reos Libres) of Lima, order dated July 27, 2007,
declaring on its own motion that the statute of limitations had run out and
terminating the criminal action." The State also reported that the ruling handed down
on July 27, 2007 by the Third Chamber of Defendants on Bail stated that "due to
factors beyond the control of this court, […] the statute of limitations on this criminal
action has run out, putting an end to the action and terminating the power of the
State to try and sanction the criminal offense commited; this in consideration of the
maximum criminal liability for crimes against freedom and crimes of rape, against