30 B. Guarantee of due process 99. According to Article 139.3 of the Constitution of Peru (hereinafter “Peruvian Constitution”), guarantees of due process and jurisdictional protection correspond to the jurisdictional function. Pursuant to this, [n]o person may be diverted from the legally established jurisdiction, or submitted to a procedure that differs from those that have been established, or judged by bodies with special jurisdiction or by special commissions created to that effect, whatever their designation. C. The exercise of the criminal action 100. According to Legislative Decree No. 052 (“Organic Law of the Office of the Attorney General”), the Office of the Attorney General is in charge of criminal actions de oficio, at the request of the aggrieved party or through class actions, in the case of crimes of commission or those against which the law expressly allows such actions. D. Competence of the military justice system 101. According to Article 173 of the Peruvian Constitution, the military justice system is competent to judge members of the armed forces “[i]n cases of servicerelated crimes” and its provisions are not applicable to civilians, except in the case of crimes of treason, terrorism and infractions of the regulations on obligatory military service. 102. Article 12 of Legislative Decree No. 752 (“Law on the Military Status of Army, Navy and Air Force Officers”) establishes that officers on active duty and in reserve are subject to the terms of the Code of Military Justice and to those of the Investigation Councils of each institution. According to Article 23 of this Legislative Decree, the status of an officer can only be: on active duty, in reserve and retired; the latter is defined in Article 53 of this legislation as the status of an officer who is “definitively separated” from service. E. The execution of judgments with the force and effect of res judicata 103. According to Article 139.2 of the Peruvian Constitution, [... n]o authority may take over cases pending before the jurisdictional body or interfere in the exercise of its functions. Neither may it invalidate decisions that have the force and effect of res judicata, nor curtail proceedings that are underway, nor modify judgments or delay their execution. VIII PRELIMINARY CONSIDERATIONS 104. Once the Court has defined the proven facts that it considers relevant, it must examine the arguments of the Inter-American Commission and the State in order to determine the international responsibility of the latter for the alleged violation of the