7
life, person and health and serious injury, the fact that 12 years is the maximum
term for extinguishment, and considering [further] that this case entails the joint
commission of multiple serious crimes." In this regard, it claimed to be "carrying out
very thorough monitoring of the investigation, but that unfortunately there are limits
because the judicial branch has full independence to interpret the facts and decide on
the types of crimes and the application of certain measures of defense, in this case
the statute of limitations."
23.
That the representative of the victim noted that "...the State […] is not only
the Executive Branch, but each and every one of the branches of government [and]
that each one of them is under obligation to abide by the judgments of the [InterAmerican Court]." She also pointed out that a number of "irregularities [had been
committed] in the proceedings against these individuals [Briones and Alvarado], all
of it intended to favor them and give them the opportunity to file challenges."
Moreover, the representative stated that "...in his report, the Prosecutor took no
position whatsoever regarding the expert opinions of psychologists that appeared in
the case file, and failed to consider the context of systematic violation of human
rights that existed in Peru at the time María Elena Loayza was seized." The
representative closed by sating, "It is unfortunate that the State itself declared on its
own motion that the statute of limitations had run out on the hideous crimes
committed against María Elena Loayza[.] In its July 27, 2007 decision, the Third
Chamber of Defendants on Bail in Lima responded to the two acquittals of
defendants Laguna, Manrique, Briones and Aliaga. It reversed the part of the
sentence that dismisses as groundless the objection of res judicata as well as the
part that acquitted the defendants, and amended the decision, declaring on its own
motion that the criminal action had lapsed and ordering that the case files be
closed." Finally, the representative explained that "the State cannot declare that the
statute of limitations on the criminal action has run out, because this is part of the
obligation to redress that the State of Peru acquired as a consequence of the
judgment handed down by this Court."
24.
That the Commission stated that this was is a particularly important matter,
as one of the objectives of the Inter-American Human Rights system was to
guarantee that perpetrators were investigated and punished, which was one of the
main reasons why victims appealed to this […] Court. It therefore asked the Court to
judge as it had on other occasions and insist […] that provisions for amnesty, for
statues of limitations and for creating releases from responsibility were inadmissible
when their purpose was to interfere with the investigation and punishment of those
responsible. Moreover, it asked the Court to remind the State of Peru that it was
under obligation to move swiftly to carry out the orders given by the Court in its
judgment.
25.
That the Memorandum of the Meeting (supra Having seen no. 12) verifies that
the State delivered "a copy of document no. 023-2007-CDH no. 10.435/AML on this
point that it had submitted to the judicial branch at the request of the victim."
However, the document was not submitted to this Court. The Court deems it
necessary for the State to provide information on the procedures and other actions
being taken for the purpose of complying with this obligation.
*
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