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An immediate concern of Alejandro Toledo’s Government was to comply with
the judgments of the Inter-American Court and the recommendations of the
Inter-American Commission. Peru took care to comply with the pecuniary and
non-pecuniary reparations ordered by the Court. These efforts were described
by the Report of the Truth Commission’s Recommendations Monitoring
Committee.
In 2002 a draft law modifying the terrorism legislation was submitted to the
Peruvian Congress. Although the Government’s intentions are not always
reflected in Congress’s diligence in taking decisions, it is the latter that has
the power to modify the established laws and punishments, respecting the
separation of powers.
The time limit for filing an action on unconstitutionality used to be six years
from the issue of the contested norm. Alberto Fujimori’s Government reduced
this period to six months and required the vote of six of the seven members
of the tribunal to declare unconstitutionality. This made any action on
unconstitutionality unfeasible; furthermore, the Peruvian Constitutional Court
lacked three of its members who had been dismissed unfairly.
During Alejandro Toledo’s Government, Congress issued a law restoring the
time limit for filing an action on constitutionality to six years. Consequently,
5,000 citizens filed an action on unconstitutionality requesting the review of
the counterterrorism legislation. The matter was decided by the judgment of
the Constitutional Court of January 3, 2003.
The Constitutional Court’s judgment was appropriate, since it decided the
issue by interpreting the contested principle. A simple declaration of
unconstitutionality would have created a void that could have caused greater
harm. The Constitutional Court declared that some Articles and paragraphs of
the criminal legislation were unconstitutional. The judgment referred to three
main issues: first, with regard to the annulment of trials before military
courts, it urged Congress to enact norms on processing requests for the
annulment of trials in the military jurisdiction; second, the maximum penalty
for crimes for which only a minimum penalty had been established; and,
third, application of the principle of duration within the penalty of life
imprisonment.
The Constitutional Court’s judgment acted as a “precipitator” encouraging
Peru to act. Before the judgment, the Executive had submitted a draft law to
the Congress of the Republic.
The request for powers and the “authoritative” legislation were not the only
aspects of the Constitutional Court’s decision. Powers were also requested to
legislate on criminal matters, criminal procedure and execution of sentences.
The annulment of trials before unidentified judges was allowed, and prison
benefits were established for those convicted of the crime of terrorism. The
current Government of Peru is repairing the harm caused by the previous
Government, a usurper government.
The continuity of the crime classifications was maintained, although judges
may not apply the phrases, paragraphs, subparagraphs or Articles that have