decisions by the Court and reports by the Commission on Decree Law No. 25475, which is
the object of this expert opinion, “the Peruvian State carried out a comprehensive internal
process of legal review and reform which has been reported on several occasions, both to
the Commission and to the Court, [and] has also been the subject of extensive analysis by
both inter-American organs. The State added that, in its view, this expert opinion goes
beyond an analysis of this case, and should therefore be rejected.” It further argued that “in
this case, that legislation was not applied substantively to the petitioner; she was tried for
crimes defined in the Criminal Code in force at the time– which were maintained because
criminal law is applicable over time - and although it is true that some procedural aspects
were applied in the investigation, the process was subsequently declared null and void and
remedied with the reforms mentioned.” The State added that the object of the expert
opinion is “clearly limited to the specific situation of the Peruvian State, without […]
significantly affecting the inter-American public order, since it does not transcend the
specific interests of the instant case.”
36.
First of all, the Court points out that the questions regarding whether Mrs. J was a
victim of sexual violence or rape, as well as whether Decree Law No. 25475 was applied to
her, are factual matters that the Court shall determine at the appropriate procedural
moment (supra Considering para. 17). As to the possible relevance for the inter-American
public order of the expert opinions proposed by the Commission, the acting President
considers that the expert opinion of Mrs. Viseur Sellers transcends the concerns and object
of this case, inasmuch as it is not limited to the specific situation of Peru and seeks to
encompass legal aspects related to “the different forms of sexual violence and their
characterization in light of international human rights law.” The acting President also
considers that the expert opinion of Mrs. Viseur Sellers could help to strengthen, clarify and
understand in greater detail the international standards regarding the different forms of
sexual violence. Accordingly, the acting President considers it pertinent to admit the expert
opinion of Mrs. Viseur Sellers, in accordance with the object and in the manner determined
in the operative part of this Order (infra Operative para. 5), and recalls that the value of
said expert opinion shall be assessed at the proper procedural moment, within the context
of the existing body of evidence and according to the rules of sound judgment.
37.
In relation to Mr. Trechsel, the acting President notes that, contrary to the State’s
arguments, the object of his expert opinion is not limited to the Peruvian situation or legal
system. Although upon justifying the relevance of said expert opinion to the inter-American
public order the Commission mentioned the possible effects on the Peruvian legal system, it
also referred to the impact it could have “on other States in the region in relation to the
crime of terrorism”. In this regard, the acting President considers that the aforesaid expert
opinion may contribute to strengthen the standards of protection of the Inter-American
System of Human Rights in relation to criminal due process, in the context of legal
frameworks designed to prosecute and punish terrorism, which is also relevant to other
States Parties to the Convention. Therefore, the acting President considers that the object
of the expert opinion to be offered by Mr. Stefan Trechsel transcends the specific facts of
this case and the specific interests of the parties in litigation, and is therefore of relevance
and interest to the inter-American public order. Consequently, he deems it appropriate to
admit his statement, in accordance with the object and manner defined in the operative
section of this Order (infra Operative para. 5), and recalls that the value of said expert
opinion shall be assessed at the proper procedural moment, within the context of the
existing body of evidence and according to the rules of sound judgment.
H. Request by the Commission to submit questions to the four expert
witnesses offered by the State
11