with the additional evidence, without justifying their submission of in accordance with the
provisions of Articles 57 and 58 of the Court’s Rules of Procedure, for which the Court considers
that they are inadmissible. Lastly, with regard to the allegations in the briefs of the three alleged
victims mentioned at the time of submitting the additional evidence, the Court recalls that
requesting additional evidence from the parties does not represent a new opportunity to present
additional arguments, for which reason those arguments on the merits presented in the briefs
referring to the evidence are inadmissible.
B. Admissibility of the alleged victims’ statements, testimonial and expert
evidence
64.
Similarly, the Court deems it pertinent to admit the statements of the alleged victims, the
testimony of the witness and the expert opinions rendered, in public hearing and before a notary
public, in the framework of this case to the extent that they are in accordance with the object
defined by the President in the Resolution that ordered their receipt 39.
VII
FACTS
65.
In this chapter, the Court will address the facts of the case based on the factual
framework submitted to this Court by the Inter-American Commission, taking into account
the facts presented by the parties that allow the explanation, clarification or rejection of that
factual framework 40 By virtue of this, the facts of the specific case will be addressed in the
following order: a) relevant regulatory framework regarding the evaluation and ratification
procedure of judges and prosecutors by the CNM, and b) regarding the evaluation and
ratification procedure of the alleged victims.
A. Relevant regulatory framework regarding the evaluation and ratification
procedure of judges and prosecutors by the CNM
66.
Article 242 of the 1979 Political Constitution of the Republic of Peru (hereinafter “1979
Constitution”), in force until December 29, 1993, guaranteed the right of magistrates to hold
office until the age of 70, provided they conducted themselves appropriately. 41 Regarding the
appointment of magistrates, Article 245 established that “[t] he President of the Republic
appoints the Magistrates at the proposal of the National Council of the Judiciary. The Senate
ratifies the appointments of the Supreme Court Magistrates.” 42
67.
Article 154 of the 1993 Political Constitution of the Republic of Peru (hereinafter “1993
Constitution”), which entered into force on January 1, 1994, established the powers of the National
Council of the Judiciary, which within its duties had: “[...] 2. Ratify judges and prosecutors at all
39
In a public hearing, the Court received the statements of two alleged victims, Jorge Luis Cuya Lavy and Walter
Antonio Valenzuela Cerna, offered by the representatives, and of the expert Janery Elizabeth Boyer Carrera, proposed by
the State. In addition, the Court received the statements before notary public of the presumed victims Jean Aubert Díaz
Alvarado, proposed by the representatives, of the witness Norma Gutiérrez Vega, proposed by the State, and of the
expert witnesses Rodrigo Uprimny Yepes and Renzo Cavani, proposed by the Commission. and the state, respectively.
The purpose of the aforementioned statements is established in the Order of the President of the Court issued on
January 28, 2021, supra.
40
Cf. Case of “Five Pensioners” v. Peru, supra, para. 153, and Case of Vicky Hernández et al. v. Honduras. Merits,
Reparations and Costs. Judgment of March 6, 2021. Series C No. 422, para. 28.
41
Cf. Political Constitution of Peru, published on July 13, 1979 (evidence file, pages 3893 to 3942). In this regard,
article 242 indicated that the State guaranteed judicial magistrates: 1.- Their independence. They are only subject to the
Constitution and the law. 2.- Their permanence in office until they are seventy years old and tenure in their positions,
while they observe the conduct and suitability of their position. The magistrates cannot be promoted or transferred without
their consent and 3.- A remuneration that ensures a standard of living worthy of their mission and standing.
42
Political Constitution of Peru, published on July 13, 1979, article 245, supra.
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