24
OTHER FORMS OF REPARATION
Arguments of the victim’s representatives
64.
As measures of restitution, the victim’s representatives requested that:
a)
The Supreme Court judgment convicting the victim be nullified, in
order to restore to him his good name and honor, since the pardon is a
political –not jurisdictional- remedy;
b)
The police, criminal and court records be expunged in order to
facilitate the victim’s re-assimilation into society and the work force; under
Law No. 2699476, this should have been done ex officio. FEDEPAZ has made
several requests to this effect, but without result; and
c)
Decree-Laws 25,475 and 25,659, on the crimes of terrorism and
treason, be amended, as they have breached principles and rights recognized
in the 1993 Constitution and the American Convention. This was the finding
in the “Report prepared by the Commission to Study and Review Legislation
Enacted since April 5, 1992.” The application of those laws to the present
case violated the victim’s rights. Consequently, the victim’s representatives
are requesting that Peru adopt legislative or such other measures as may be
necessary to adapt its domestic laws on terrorism to the Convention,
pursuant to Articles 1 and 2 thereof, thereby ensuring the rights and
freedoms recognized in the Convention and guaranteeing that such violations
will not recur. They are asking the Court to apply its jurisprudence in the
Barrios Altos Case and find that those provisions of Amnesty Laws 25,475 and
25,659 that violate rights recognized in the American Convention have no
legal effect vis-à-vis the present case or other similar cases where the
provisions of those laws have been applied.
65.
The victim’s representatives also requested the following measures of
satisfaction and guarantees of non-recurrence:
a)
That in Peru’s five major newspapers, including the Official Gazette,
and in prestigious international newspapers, the State publish communiqués
containing an acknowledgment of responsibility, a declaration that the victim
was innocent, an apology to the victim and his next of kin and the State’s
pledge that events such as those that occurred in the present case will never
occur again in Peru;
b)
That, at least once, the State publish the text of the judgments on the
merits and on reparations in the official gazette and in various mass
communications media, and
c)
That the State effectively investigate and punish the material and
intellectual authors of these crimes and the accessories after the fact.
The Commission’s arguments
66.
The Commission, for its part, stated that: