25
56.11) By a note of January 14, 1997, 40 members of Congress from the
majority party sent a note to the Constitutional Court in which they
requested that, in accordance with the provisions of Law No. 26,301 that
regulate the Action seeking Compliance (Acción de Cumplimiento), it declare
“the action brought by the Lima Bar Association challenging the
constitutionality of Law No. 26,657 to be either founded or unfounded (supra
56.5), and expressly [... rule] on its constitutionality” without making “any
‘declaration’ on non-applicability as that would seriously imperil fundamental
and political rights recognized in the Constitution. It would also constitute an
abuse of power, since the Constitutional Court would be assuming powers
that its own statute does not confer upon it”. They also said that the
Constitutional Court should rule within the period of 30 working days
established in article 34 of Law No. 26,435, which, they claimed had expired
on January 10, 1997. This letter was rejected by the Constitutional Court,
considering that it constituted an “extremely serious attack against the
jurisdictional autonomy of [the] Court” and an act of pressure23;
56.12) On January 15, 1997, Justice Delia Revoredo Marsano denounced
before members of Congress that jurisdictional and administrative documents
had been removed from her office on January 12 and 13 that year, and also
from the offices of Justices Luis Díaz Valverde, Manuel Aguirre Roca and
Guillermo Rey Terry. Regarding the latter, she indicated that the draft
judgment on case No. 002-96/I-TC, concerning the unconstitutionality of Law
No. 26,657, had been removed. Lastly, she mentioned other actions that
constituted acts of intimidation against members of the Constitutional
Court24;
23
Cf. Notarized letter from members of congress of the majority party, dated January 14, 1997
addressed to the President of the Constitutional Court, Tome I, Annex 5; Article 200 paragraph 6) of the
Peruvian Constitution, promulgated on December 29, 1993, Tome I, Annex 1; Articles 20 and 34 of the
statute of the Constitutional Court, Law No. 26,435, promulgated on December 23, 1994, published on
January 6, 1995, Tome I, Annex 2; Law No. 26,301 of April 18, 1994, published on May 3, 1994 in the
official gazette, El Peruano; Document dated May 6, 1997 signed by congressman, Javier Alva Orlandini,
member of the Investigation Committee, Tome I, Annex 18; transcript of the statement of Justice Manuel
Aguirre Roca before the Investigation Committee responsible for clarifying the complaints concerning the
Constitutional Court on March 31, 1997, Tome II, Annex 5; transcript of the statement of Justice Guillermo
Rey Terry before the Investigation Committee responsible for clarifying the complaints concerning the
Constitutional Court on April 4, 1997, Tome II, Annex 6; transcript of the statement of Congressman
Torres y Torres Lara before the Investigation Committee responsible for clarifying the complaints
concerning the Constitutional Court of April 14, 1997, Tome II, Annex 7; transcript of statements made
before the Permanent Commission on May 23, 1997, Tome III, Annex 11; official communiqué of the
Constitutional Court plenary dated January 15, 1997, in the appeal filed by Justice Manuel Aguirre Roca
before the Congressional Permanent Commission on May 23, 1997, Tome III, Annex 12; and testimony of
Delia Revoredo Marsano before the Inter-American Court, on November 22, 2000.
24
Cf. Official letter No. 351-CR-DL-M signed by the Third Vice President of the Congress of the
Republic, Luz Salgado Rubianes de Paredes, and addressed to Martha Hildebrandt, dated March 4, 1997,
Tome I, Annex 13; questioning of Justice Delia Revoredo Marsano before the Investigation Committee of
the Congress of the Republic of Peru, Tome I, Annex 14; report of May 5, 1997, of the Investigation
Committee of the Congress of the Republic responsible for clarifying the complaints concerning the
Constitutional Court, Tome I, Annex 17; Document dated May 6, 1997, signed by congressman, Javier
Alva Orlandini, member of the Investigation Committee, Tome I, Annex 18; transcript of the statement of
Justice Manuel Aguirre Roca before the Investigation Committee responsible for clarifying the complaints
concerning the Constitutional Court on March 31, 1997, Tome II, Annex 5; transcript of the statement of
Justice Francisco Javier Acosta Sánchez before the Investigation Committee responsible for clarifying the
complaints concerning the Constitutional Court of April 14, 1997, Tome II, Annex 7; transcript of the
statement of Justice Ricardo Nugent before the Investigation Committee responsible for clarifying the