-77H)
MOTION TO ANNUL THREE JUDGMENTS
CONSTITUCIONAL (CONSTITUTIONAL COURT)
RENDERED
BY
THE
TRIBUNAL
204(92) On May 29, 1997 the Peruvian Congress issued legislative resolutions,
removing three of the seven Tribunal Constitucional (Constitutional Court) justices
from office, and on November 17, 2000, Congress set aside said resolutions and they
were reinstated to their office as justices of the Tribunal Constitucional
(Constitutional Court).147
204(93) The twelve judgments of the Tribunal Constitucional (Constitutional Court),
that are alleged not to have been complied with in the instant case, were rendered
during the time the Tribunal Constitucional (Constitutional Court) was composed of
four justices.148
204(94) On December 9, 2002, the Tribunal Constitucional (Constitutional Court)
issued a judgment on several motions for “review or reversal of the judgments
rendered by the Tribunal Constitucional (Constitutional Court) when it was composed
of four justices, i.e., those entered between May 29, 1997 and November 17, 2000.”
In its motions, the Municipality of Lima requested review of the judgments rendered
by the Tribunal Constitucional (Constitutional Court) on December 10, 1997, Case
No. 459-97-AA/TC (supra para. 204(55), July 8, 1998, Case No. 1246-97-AA/TC
(supra para. 204(86) and April 9, 1999 Case No. 063-98-AA/TC (supra para.
204(37). On December 9, 2002, the Tribunal Constitucional (Constitutional Court)
rejected said motions on the grounds that “reversing [the judgments] after such a
long time would impair numerous rights that have become vested in third parties and
would ignore facts that occurred between June 1997 and November 2000, or even
facts that have occurred up to the present. Such decision would seriously undermine
the certainty of the legal system, creating a chaos the Court should prevent rather
than promote.” The Tribunal Constitucional (Constitutional Court) further stated that
“the decision to uphold said judgments is based on this need for national legal
certainty and in no way on the ethical endorsement of the fraudulent scheme that
“allowed” the Tribunal Constitucional (Constitutional Court) to “function” during such
a long time with only four justices.”149
I)
REPORT OF THE OFFICE OF THE OMBUDSMAN OF PERU
147
Cf. Judgment rendered by the Tribunal Constitucional (Constitutional Court) on December 9, 2002
(file of preliminary objections, and merits, reparations, and costs, Volume V, folios 1430 to 1435).
148
Cf. Judgments rendered by the Tribunal Constitucional (Constitutional Court) on December 10,
1997, April 3, 1998, May 13, 1998, July 8, 1998, October 16, 1998, November 11, 1998, November 18,
1998, December 21, 1998, April 9, 1999 (2 judgments) and August 20, 1999 (2 judgments) (file of
appendixes to the application, appendixes 33, 25, 27, 35, 28, 30, 40, 41, 39 and 29, folios 1721, 1482,
1523, 1795, 1546, 1665, 1944, 1956, 1912 and 1594).
149
Cf. Judgment rendered by the Tribunal Constitucional (Constitutional Court) on December 9, 2002
(file of preliminary objections, and merits, reparations, and costs, Volume V, folios 1430 to 1435).
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