-31by means of money was a key factor.” It added that “[…] as part of this corruption
system, trade union leaders of the Sindicato de Trabajadores Municipales –Sitramun(Lima Municipal Workers Union) were bribed with sums of money amounting to at
least […] US$ 24,000.00 to engage in activities” “aimed at discrediting Major
Andrade” of the Municipality of Lima.
160. As to the allegation of this “new matter” (supra paras. 158 and 159), both the
Commission and the common intervener of the alleged victims’ representatives
requested the Court that it be dismissed. The Commission stated, inter alia, that
“considering estoppel, the acknowledgment made by the Peruvian State before the
Commission should be construed and have effects as it was made” and that “the
subsequent limitations or restrictions thereon are not admissible.” Likewise, the
common intervener stated that the facts related to the merits of the instant case
“were explicitly accepted by [the State] through the acknowledgment of its
international responsibility for the commission thereof.”
161. The State submitted various documents and other supporting evidence aimed
at showing the alleged corruption practices that took place among the leaders of
SITRAMUN, the SIN and the members of the Judiciary, as well as the “illegal nature”
of the judgments which allegedly have not been complied with. Without the intention
to make an exhaustive count, the Court has noted that such evidence mainly refers
to: 1) convictions and criminal proceedings against members of the Judiciary; 2) the
four-judge composition of the Tribunal Constitucional (Constitutional Court) which
delivered twelve out of the twenty-four judgments in the instant case; 3) reports of
the Inter-American Commission on the situation of the Judiciary in Peru during the
last decade; 4) the judgment rendered by the Inter-American Court in the Case of
the Tribunal Constitucional (Constitutional Court) v. Peru ; 5) the affidavit submitted
by the former Chief of the SIN; 6) the statements given by Maria Angélica ArceGuerrero and Matilde Pinchi-Pinchi, former secretaries to Vladimiro Montesinos; 7)
the criminal proceedings instituted against an alleged victim and three
representatives14 of the instant case before the Primer Juzgado Penal Especial (First
Special Criminal Court) of the Corte Superior de Justicia de Lima (High Court of
Justice of Lima) as alleged first-degree accomplices of peculation, particularly the
prosecutorial pleading issued in November, 2005; 8) the testimony given by the
witnesses at the public hearing held at the Court; and 9) the alleged jurisprudential
changes of the Tribunal Constitucional (Constitutional Court) to favor the SITRAMUN
workers regarding the dismissals resulting from their assessments. Likewise, the
State requested the Court to address the Criminal Court where the criminal
proceedings for peculation is pending to request a copy of the statements given by
the two former secretaries to Montesinos, or that it authorize the statements given
by such two persons to be submitted via an affidavit.
162. As regards the evidence on the alleged corruption rings, the Commission
stated that “as a matter of fact it […] verified the serious restrictions introduced to
the independence, autonomy and fairness of the Peruvian Judiciary during the ‘90s,
and, naturally, it considers such characteristics crucial to the compliance with judicial
proceedings with the obligations established by the American Convention.” However,
the Commission emphasized that “it has neither been proven before this
international Court nor before the domestic system that the judgments rendered in
the instant case regarding the former SITRAMUN workers have been a direct
14
Two of these representatives (Alejandro Hinostroza-Rimari and Manuel Condori-Araujo) are also
alleged victims in the instant case.