framework in effect at the time of the facts, and it was only when evidence or indications of
extrajudicial executions came to light that the ordinary courts immediately took over the
investigations. The State contended that, despite any potential objections about its work,
military justice had safeguarded the documentation that would later become part of the body
of evidence in the investigation that began in 2001 and the resulting criminal trial.
395. The State also held that “when the Supreme Court concluded in 2013 that Víctor
Salomón Peceros Pedraza and Herma Luz Meléndez Cruz had died in combat, it was upholding
the same conclusion reached by military justice.” It added that “even if it is argued that the
hearing of this case by the military jurisdiction constituted a breach of procedural guarantees
protected by the [American Convention], these guarantees were in fact respected in the
process before the Supreme Court, which drew the same conclusion.” The State noted that the
ruling by the Third Special Criminal Chamber did reflect disagreement among the judges about
the death of Eduardo Cruz Sánchez. The State held, in this regard, that “the continuing
questions about the scope of the ruling by the military courts can be debated in the domestic
sphere,” depending on the position taken by the public prosecutor on whether to open an
investigation into the death of Cruz Sánchez.
Considerations of the Court
396. The Court must first clarify, regarding the alleged victims in this case, that the military
jurisdiction heard only the alleged extrajudicial executions of Herma Luz Meléndez Cueva and
Víctor Salomón Peceros Pedraza, but not that of Eduardo Nicolás Cruz Sánchez (supra para.
185).
397. The Court would recall that its case law on the limited sphere of military courts to hear
cases of human rights violations has consistently held that in a democratic state under the rule
of law, the jurisdiction of military criminal courts must be restrictive and exceptional, applied
only to the protection of legal interests associated with the particular functions of the armed
forces.445 This is why the Court has held that the military courts must judge only active-duty
military personnel for committing crimes or misdemeanors that by their very nature affect the
particular legally protected interests intrinsic to the military system. 446
398. Moreover, considering the nature of the crime and the legally protected interest that
has been injured, the military criminal courts have no competent jurisdiction to investigate
and, if necessary, prosecute and punish the perpetrators of human rights violations; instead,
the prosecution of such cases must always fall to the general justice system.447 In this sense,
the Court has held that “when military justice assumes competence for a matter that should
be heard by ordinary justice, the right to an ordinary judge and, a fortiori, to due process is
harmed,448 and this, in turn, is closely related to the right of access to justice. The presiding
Cf. Case of Durand and Ugarte v. Peru. Merits, supra, para. 117, and Case of Argüelles et al. v. Argentina,
supra, para. 148.
445
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, Reparations and Costs. Judgment of May 30, 1999. Series
C No. 52, para. 128, and Case of Argüelles et al. v. Argentina, supra, para. 148.
446
Cf. Case of the Rochela Massacre v. Colombia. Merits, Reparations and Costs. Judgment of May 11, 2007.
Series C No. 163, para. 200, and Case of Argüelles et al. v. Argentina, supra, para. 148.
447
Case of Castillo Petruzzi et al. v. Peru. Merits, Reparations and Costs, supra, para. 128, and Case of Cabrera
García and Montiel Flores v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of November
26, 2010. Series C No. 220, para. 197.
448
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