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would make every effort to ensure that the victims mentioned in the
judgments of the Inter-American Court received just compensation. The
Ministries of Justice and Foreign Affairs endeavored to resolve matters
pending before the Inter-American Commission and to respond to those
decided by the Inter-American Court. The transition Government made sure
that Peru acceded to the different treaties designed to ensure the full exercise
of human rights and to combat terrorism.
The “Truth and Reconciliation Commission” was set up in order to learn the
truth about what happened during the years of terrorism. In parallel, another
commission began to study the constitutionality of the laws and decree laws
promulgated after April 5, 1992.
The Lori Berenson case was criticized because she was tried by a military
court before the transition Government took office. During his mandate, he
did not receive any formal protests from the United States Government or
from human rights organizations concerning the trial and conviction of Ms.
Berenson Mejía by the civil courts. He recalled that local and international
public opinion was able to observe the conditions in which the trial was held,
because the court authorized the presence of the press, and the hearings
were filmed and broadcast live.
b.
Testimony of Henry Pease García, President of the Congress of
the Republic of Peru
By Legislative Resolution No. 009-2000-CR of November 21, 2002, the
Congress of the Republic of Peru declared the permanent lack of moral
competence of the President at that time, Alberto Fujimori. Consequently, as
established in Article 113, paragraph 2, and Article 115 of the Peruvian
Constitution, it declared the presidency of the Republic vacant. Since the Vice
Presidents had resigned, the President of the Congress at that time, Valentín
Paniagua Corazao, assumed the presidency.
Law No. 27,600 established the procedure for constitutional reform and the
Commission on the Constitution, its Regulations, and Actions on
Unconstitutionality was entrusted with preparing a total reform of the
Constitution, to be submitted to referendum. Some progress was made on the
draft, but work was suspended. However, in the spirit of the reform, it was
considered necessary to comply strictly with the provisions of Article 2 of the
American Convention, as regards adapting domestic legislation to this treaty.
In its report, the said Commission considered, inter alia, with regard to the
promotion of human rights, the need to strengthen fundamental rights, the
right of all persons to comprehensive reparation for the violation of their
fundamental rights attributable to the State, and the right to have recourse to
international courts. It also considered giving constitutional rank to the norm
establishing the obligation of all State organs to comply with the judgments
handed down by the supranational jurisdictional organs. Moreover, in line
with the globalization of justice, the draft reform proposed incorporating into
the Constitution a norm recognizing the possibility of acceding to treaties that
granted supranational jurisdiction to human rights bodies, and those
monitoring international crimes, corruption and terrorism.
With regard to the review of legislation on the crimes of terrorism and
treason, the witness stated that, by Law No. 27,913, Congress delegated