27
56.16) On February 27, 1997, pursuant to article 97 of the Constitution,
Congress decided to set up a committee to investigate the alleged acts of
harassment and pressure against the Constitutional Court, based on the
complaints formulated by Justice Revoredo Marsano (supra 56.12). The
committee, chaired by Martha Hildebrandt, was composed of seven members
of Congress.
The congressional decision requiring the creation of the
committee indicated that “[t]he investigations conducted by the
[I]nvestigation [C]ommittee should not examine the judgments pronounced
by the Constitutional Court” and granted it 30 working days to submit the
corresponding report. This period was later extended by 30 days28;
56.17) In March 1997, the Investigation Committee
requested
the
members of the Constitutional Court to provide a written report on the
events. By official letter No. 100-97-P/TC of March 19, 1997, the President
of the Court advised that the removal of the draft from Justice Revoredo’s
advisor had been investigated and that “it ha[d] not been possible to identify
the author or authors of the alleged removal”; that Justice García Marcelo
had received a vote of censure for removing the draft and, lastly, that Justice
Revoredo had informed the plenum of the threats against her29;
with petition for clarification of judgment of the Lima Bar Association dated January 20, 1997, concerning
the judgment of January 3, 1997, which declared Interpretation Law No. 26,657 to be non-applicable,
Tome I, Annex 9; resolution of the Constitutional Court of January 21, 1997, in file No. 002-96-I/TC signed
by Justices Aguirre Roca, Rey Terry and Revoredo Marsano, Tome I, Annex 10; official record of the
session of the Administrative Plenary of the Constitutional Court of March 14, 1997, Tome I, Annex 12;
Document dated May 6, 1997, signed by congressman, Javier Alva Orlandini, member of the Investigation
Committee, Tome I, Annex 18; transcript of the statement of Justice José García Marcelo before the
Investigation Committee responsible for clarifying the complaints concerning the Constitutional Court on
April 4, 1997, Tome II, Annex 6; transcript of the statement of Justice Ricardo Nugent before the
Investigation Committee responsible for clarifying the complaints concerning the Constitutional Court on
April 18, 1997, Tome II, Annex 8; official letter from the office of the President of the Constitutional Court
of April 10, 1997, Tome III, Annex 1; appeal filed by Justice Manuel Aguirre Roca before the Congressional
Permanent Commission on May 23, 1997, Tome III, Annex 12; expert report of Mario Pasco Cosmópolis
before the Inter-American Court, on November 22, 2000; and technical opinion of Enrique Bernales
Ballesteros of December 12, 2000.
28
Cf. Articles 94 and 97 of the Peruvian Constitution, promulgated on December 29, 1993, Tome I,
Annex 1; Article 88, paragraph a), of the Rules of Procedure of the Congress; official letter No. 351-CRDL-M signed by the Third Vice President of the Congress of the Republic, Luz Salgado Rubianes de
Paredes, to Martha Hildebrandt, dated March 4, 1997, Tome I, Annex 13; agenda motion No. 388 of
January 20, 1997, signed by congressman, Javier Díez Canseco Cisneros, Tome I, Annex 13; adoption of
the agenda motion submitted by congressman, Javier Diez Canseco Cisneros, on February 27, 1997, Tome
I, Annex 13; agenda motion No. 385 of January 15, 1997, signed by six congressmen, agenda motion of
January 15, 1997, signed by congressman, Javier Alva Orlandini, on January 15, 1997, Tome I, Annex 13;
record of the 29th session of the Congress of the Republic of Peru held on February 27, 1997, Tome I,
Annex 13; report of the Investigation Committee of the Congress of the Republic responsible for clarifying
the complaints concerning the Constitutional Court, dated May 5, 1997, Tome I, Annex 17; Document
dated May 6, 1997 signed by congressman, Javier Alva Orlandini, member of the Investigation Committee,
Tome I, Annex 18; report of the Investigation Sub-Committee in the impeachment proceeding dated May
14, 1997, Tome I, Annex 19; testimony of Delia Revoredo Marsano before the Inter-American Court on
November 22, 2000; expert report of Jorge Avendaño Valdéz before the Inter-American Court on
November 22, 2000; and technical opinion of Enrique Bernales Ballesteros of December 12, 2000.
29
Cf. Official letter No. 007-97/CITC-CR from the President of the Investigation Committee
responsible for clarifying the complaints concerning the Constitutional Court to Justice Manuel Aguirre
Roca, dated March 17, 1997, Tome II, Annex 1; official letter No. 100-97-P/TC from the President of the
Constitutional Court to the President of the Investigation Committee responsible for clarifying the
complaints concerning the Constitutional Court dated March 20, 1997, Tome II, Annex 2; letter of Manuel
Aguirre Roca to the President of the Investigation Committee responsible for clarifying the complaints
concerning the Constitutional Court dated March 20, 1997, Tome II, Annex 3; official letter No. 01197/CITC-CR from the President of the Investigation Committee responsible for clarifying the complaints