should be recalled that the Court has already analyzed the content and scope of amnesty laws Nos.
26,479 and No. 26,492 in the case of Barrios Altos v. Peru and, in the judgment on merits in that
case of March 14, 2001, it declared that they were incompatible with the American Convention and,
consequently, they lacked legal effects. 351 The Court interpreted that judgment on merits in the
sense that “[t]he promulgation of a law that is manifestly contrary to the obligations assumed by a
State Party to the Convention constitutes per se a violation of the latter and gives rise to the
international responsibility of the State [and] that, given the nature of the violation constituted by
amnesty laws Nos. 26,479 and No. 26,492, the decisions in the judgment on merits in the Barrios
Altos case have general effects.” 352 In the judgment on reparations in the case of Barrios Altos, of
November 30, 2001, the Court ordered the State to apply the decision of the Court in the judgment
on interpretation of the judgment on merits “with regard to the meaning and scope of the
declaration of the ineffectiveness of Laws Nos. 26,479 and 26,492”; 353 in other words, to accord
general effects to the decisions in the judgment on merits.
214. The incompatibility ab initio of the amnesty laws with the Convention has been accepted in
general in Peru since the Court declared this in the judgment in the case of Barrios Altos; that is,
since March 14, 2001. 354 In addition, in some cases the State has eliminated the effects that these
laws might have had at one time.
215. In the Order on monitoring compliance with judgment of September 22, 2005, this Court
declared that, pursuant to the ninth considering paragraph of this order, the State had complied
fully with “the application of the decisions taken by the Court in its judgment on interpretation of
the judgment on merits in this case of September 2, 2001, in relation to the meaning and scope of
the declaration of the ineffectiveness of Laws Nos. 26,479 and 26,492 (operative paragraph 5(a))
of the judgment on reparations of November 30, 2001.” 355 To this end, it took into account that, on
April 8, 2005, the judgment of March 14, 2001, had been published in the official gazette “El
Peruano,” and also the decision of the Prosecutor General of April 18, 2005.
216. Bearing in mind the above and based on the period of time over which the said laws were
applied, it can be inferred that, of the investigations analyzed, the only one on which the said laws
could have had an impact would be the one conducted by the Third Permanent Military Court of
Lima in which the archiving of the case was decided on February 7, 1996 (supra para. 89). The
case was archived on October 15, 1996, with the favorable opinion of the Judge-Advocate of the
Permanent War Council of the Army’s Second Judicial Zone (supra para. 89). In this regard, both
the representatives and the Commission stated that the archiving of the proceedings before the
military jurisdiction was not a result of the entry into force and application of Laws Nos. 26,479 and
26,492. This assertion is correct.
217. Despite the foregoing, it should be recalled that, in the context in which the facts occurred,
those laws constituted a general obstacle to the investigations of gross human rights violations in
Peru. Thus, this Court has already declared in the cases of La Cantuta v. Peru and Anzualdo Castro
v. Peru that, during the period in which the amnesty laws were applied, the State failed to comply
351
Cf. Case of Barrios Altos v. Peru. Merits, supra, para. 44 and fourth operative paragraph.
352
Case of Barrios Altos v. Peru. Interpretation of the judgment on merits, supra, para. 18 and second operative
paragraph.
353
Case of Barrios Altos v. Peru. Reparations and costs. Judgment of November 30, 2001. Series C No. 87, fifth
operative paragraph, subparagraph (a).
354
Cf. Case of La Cantuta v. Peru, supra, para. 187.
355
Case of Barrios Altos v. Peru. Monitoring compliance with judgment. Order issued by the Inter-American Court on
September 22, 2005, first declarative paragraph.
78
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