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the Inter-American Commission (Appendix I) and the annexes used in drafting Report 76/11. Said
merits report was notified to the Peruvian State by means of communication of August 4, 2011,
granting it a two-month term to report on the implementation of the recommendations. The
Peruvian State requested an extension from the Inter-American Commission in order to report on
compliance with the recommendations. The Commission granted a two-month extension to the
State and requested that it present a report by no later than December 20, 2011. The
Commission received the State's report on time. On December 28, 2011, the State submitted a
supplementary report.
The Commission submits the instant case to the jurisdiction of the Inter-American Court
due to the State’s failure to comply with the recommendations and the consequent need to obtain
justice for the victims. During the period granted to the State to report on implementation of the
recommendations, Peru questioned the conclusions of the report on the merits and considered
that the recommendations to make full reparation to Ms. J. and to investigate the acts that
violated her human rights were impossible to carry out given that J. was not in Peru.
According to the State, the only measure of reparation is the new trial with guarantees of
due process, and for that it would be necessary for Ms. J. to appear in person. In that regard, the
Commission notes that the case involves a series of violations that vary in kind and thus require
different forms of reparation that are not restricted to a trial with due guarantees. The case
involves, for instance, violations of the right to humane treatment, which by their very nature and
because of their effects requires compensation, moral reparation, and rehabilitation measures.
As for the State's view that it is impossible to investigate the facts of the case, the
Commission recalls, as stated in the report on the merits, that the State was apprised of Ms. J.'s
allegations of torture on several occasions, including the initial petition to the IACHR, in spite of
which it abstained from starting an investigation. This omission is ongoing given the failure to
implement this recommendation. Furthermore, the State did not explain why Ms. J.'s presence is
essential to throw light on the deeds that violated her human rights. In any event, that is no
excuse for the State not carrying out its duty ex officio.
At the same time, the Commission notes that the State did not report on measures
adopted after the report on the merits to implement the remaining recommendations, which were
to complete the process of adjustments to domestic laws and to refrain from exercising the
punitive power of the State in cases in which the problems persist that generated the violations of
the American Convention, including the use of evidence obtained illegally or arbitrarily. On this
matter, the Commission notes that in its supplementary report the State particularly emphasized
the need to investigate alleged crimes of terrorism and considered it unacceptable to waive the
exercise of its punitive power. The Commission wishes to clarify that implementation of the
recommendations made does not entail a waiver such as that referred to by the State. Rather, it
would ensure that the domestic legal system is in line with Peru's obligations under the regional
system.
The Inter-American Commission submits to the jurisdiction of the Court the entire set of
facts and human rights violations set forth in the report on the merits No. 76/11 and requests that
the Court find and declare the State of Peru internationally liable for violating the rights to humane
treatment, personal liberty, a fair trial, freedom from ex post facto laws and from retroactivity,
privacy, and respect for her honor, dignity and private life, and judicial protection established in
Articles 5, 7, 8, 9, 11 and 25 of the American Convention, in conjunction with the obligations
established in Articles 1.1 and 2 of that instrument, to the detriment of Ms. J. Furthermore, the
Commission requests that the Court find and declare Peru responsible for violation of the rights
established in Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish
Torture and in Article 7 of the Convention to Prevent, Punish, and Eradicate Violence against
Women, to the detriment of Ms. J.
Consequently, the Commission asks the Inter-American Court to order the following: