92
alleged continued effects of the amnesty laws, nor has it specified the manner in which the
threat to apply them might materialize in the future.
177.
Likewise, expert witness Abad Yupanqui stated that:
[e]ven though Laws No. 26,479 and No. 26,492 have not been repealed by the Congress, they
have no legal effect whatsoever […]; therefore, no judicial authority may apply them, since they
run counter not only to the Constitution but also to the American Convention on Human Rights
and the precedents of the Constitutional Court, which has acknowledged the existence of the
right to know the truth. […] If the Congress repealed the amnesty laws, it would imply an
express acknowledgement of their effectiveness, which would be at odds with the assertion that
said laws have no legal effects whatsoever. Regard must be had to the fact that the repeal ceases
the effectiveness of a law without retroactive effects.148
178. In this connection, the Court has acquainted itself with decisions of both general and
particular scope, reiterating the inapplicability and inefficiency of the amnesty laws.
179. Among the general decisions is Attorney General’s Office’s Resolution No. 815-2005MP-FN of April 20, 2005, ordering that “all prosecutors of all instances who have intervened
before the courts that heard the cases in which the amnesty laws (No. 26,479 and No.
26,492) were applied [shall] request the corresponding Trial or Appellate Court to enforce
supra-national judgments,” pursuant to Section 151 of the Judiciary’s Organic Law.
Reference to those judgments is precisely to this Court’s decision in the case of Barrios
Altos.
180. So far as particular decisions by Peruvian criminal courts are concerned, the
judgment in the case of Barrios Altos has been one of the grounds upon which to dismiss
“amnesty defenses,”149 "statute of limitations defenses"150, “double jeopardy defenses”151 or
148
Cf. sworn statement effected before a pulic official by expert Samuel Bernardo Abad-Yupanqui on August
17, 2006 (record of sworn statements effected before public officials, page 3531).
149
The defense of amnesty raised by Ángel Arturo Pino-Díaz in the Case of Pedro Yauri Bustamante (Case
No. 044-2002) was dismissed as groundless by the Segundo Juzgado Penal Especializado (Second Specialized
Criminal Trial Court) on October 20, 2004, making express reference to the Case of Barrios Altos; in the same
case, the Segundo Juzgado Penal Especializado (Second Criminal Specialized Criminal Trial Court) dismissed as
groundless the amnesty defense raised by Hector Gamarra-Mamani making refrence to the Case of Barrios Altos; in
the same case, the Quinto Juzgado Penal Especializado (Fifth Specialized Criminal Trial Court) dismissed the
amnesty defense raised by José Enrique Ortiz-Mantas as groundless on November 12, 2004; in the Case of El
Frontón (Case No. 125-04) the Judge of the Primer Juzgado Supraprovincial de Lima (First Supra-Provincial Court
in and for Lima) dismissed the amnesty defense raised by the defendants as groundless.
150
In the Case of Pedro Yauri Bustamante (Case No. 044-2002), the statute of limitations defense raised by
Máximo Humberto Cáceda-Pedemonte was dismissed as groundless on February 24, 2003 by the Specialized
Associate Provincial Prosecutor; in the Consolidated Case of Barrios Altos, La Cantuta, Pedro Yauri and El Santa la
(Case no. 032-2001), the Quinto Juzgado Penal Especializado (Fifth Specialized Criminal Trial Court) dismissed as
groundless the statute of limitations defense raised by Shirley Sandra Rojas-Castro; on October 1, 2003, the
Provincial Criminal Prosecutor of Lima dismissed as groundless the statute of limitations defense raised by Marco
Flores-Alvan; Superior Criminal Judge of Lima dismissed as groundless the double jeopardy defense raised by
Shirley Sandra Rojas-Castro in her decision of December 13, 2004.
151
In the Case of Pedro Yauri Bustamante (Case No. 044-2002), the Segundo Juzgado Penal Especializado
(Second Specialized Criminal Trial Court dismissed as groundless the double jeopardy defense raised by Orlando
Ver—Navarrete; in the Consolidated Case of Barrios Altos, La Cantuta, Pedro Yauri and El Santa la (Case No. 0322001), the Superior Criminal Judge of Lima dismissed as groundless the double jeopardy defense raised by Nelson
Carvajal-García on December 7, 2004.
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