5
that run contrary to the right every citizen has not to be detained but
upon an order by a judge, except when caught in the act of
perpetrating an offense; and
ii.
as far as substantive legislation regarding terrorism is
concerned, no change has been effected and, to the contrary, it is
threatened to harden such legislation even further. Besides, the
statute must be amended to establish a more proportional
enforcement of punishments. Lastly, laws No. 28726 and 28730,
promulgated in may 2006, violate the Peruvian Constitution by
ignoring the proportionality principle and the double jeopardy principle.
b)
in connection with the obligation to provide Mrs. Lori Berenson with
adequate and specialized medical care, as well as special food, the State had
provided nothing but general examinations, and the victim’s family had had to
continue providing specialized treatment;
c)
in connection with the obligation to waive, in favor of the victim, the
debt imposed as reparation for pecuniary damages established under civil law
in the Judgment handed down by the Sala Nacional de Terrorismo (National
Terrorism Chamber) on June 20, 2001, amounting to one hundred thousand
Nuevos Soles, it has taken the State more than a year to adopt the resolution
whereby such debt was waived; and
d)
in connection with the obligation to adopt the measures necessary for
having detention conditions in the Yanamayo penal facility conform to
international standards, the State has failed to point out which improvements
it has effected in the aforementioned imprisonment facility.
5.
The communications filed by the Inter-American Commission on Human
Rights (hereinafter “the Commission” or “the Inter-American Commission”) on
January 20, 2006, March 3, 2006 and May 12, 2006, whereby it observed that:
a)
in connection with the obligation to have its domestic legislation
amended to conform with the standards of the American Convention, the
information filed by the State sheds no light on the scope of anti-terrorist
legislation and on whether it conforms to the Convention, for which reason it
should be meet for the Court to require the State to provide detailed
information on the matter;
b)
in connection with the obligation to publish in the Diario Oficial (Official
Gazette) and in another national daily newspaper, both the Section entitled
“Proven Facts” and the operative paragraphs of the Judgment, the State has
complied with the aforementioned obligation;
c)
in connection with the obligation to provide Mrs. Lori Berenson with
adequate and specialized medical care, as well as special food, it would be
meet to require the State to inform on whether the specialized treatment in
favor of the victim is being provided at the expense of the State;
d)
in connection with the obligation to waive, in favor of the victim, the
debt imposed as reparation for pecuniary damages established under civil law
in the Judgment handed down by the Sala Nacional de Terrorismo (National
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