99
provisions of the Convention are effectively fulfilled in its domestic legal system, as
Article 2 of the Convention requires.272
221. The Court has indicated that the States Parties to the Convention may not
enact measures that violate the rights and freedoms it recognizes.273 This Court has
also affirmed that “a norm may violate per se Article 2 of the Convention, whether or
not it has been enforced in [a] specific case.”274
222. Furthermore, the Court finds, as it has on previous occasions, that the
provisions of the emergency laws adopted by the State to deal with terrorism, in
particular Decree Laws Nos. 25,475 and 25,659, enforced in the case of Lori
Berenson during the military trial, violated Article 2 of the American Convention,
because the fact that these decrees were enacted and in force in Peru at the time
when the military trial against Lori Berenson was held, meant that the State had not
taken proper domestic legal measures to give effect to the rights embodied in the
Convention, despite having ratified it.275
223. The Court has observed that, on the one hand, the judgment delivered by the
Constitutional Court on January 3, 2003 (supra para. 88(7)) declared that the
definition of the crime of treason contained in Decree Law No. 25,659 was
unconstitutional and, on the other hand, procedural norms were issued for
prosecuting terrorism. However, in this judgment, it is not in order to examine the
scope of these reforms, because they do not affect Lori Berenson’s legal status.
224.
The judgment handed down against Lori Berenson in the military jurisdiction
(supra para. 88(30)) was based on legislation that was incompatible with the
American Convention. The proceedings of that trial violated the rights to judicial
protection and to due process embodied in the Convention.
225. The Court notes that the State is implementing a process of reform in order to
adapt its domestic legislation to the American Convention.
226. Consequently, the Court concludes that, when the military trial against Lori
Berenson was held, the State failed to comply with the obligation established in
Article 2 of the American Convention.
XIII
REPARATIONS
APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION
272
Cf. Case of the “Juvenile Reeducation Institute”, supra note 3, para. 205; Case of Bulacio, supra
note 217, para. 142; and Case of the “Five Pensioners”, supra note 268, para. 164.
273
Cf. Case of the Gómez Paquiyauri Brothers, supra note 16, para. 71; Case of Baena Ricardo et
al., supra note 216, para. 182; Case of Cantoral Benavides, supra note 25, para. 176; and International
Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention (arts. 1 and 2
American Convention on Human Rights), Advisory Opinion OC-14/94 of December 9, 1994. Series A No.
14, para. 36.
274
Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al.). Judgment of February 5,
2001. Series C No. 73, para. 72; Case of Baena Ricardo et al., supra note 216, para. 183; and Case of
Cantoral Benavides, supra note 25, para. 176.
275
Cf. Case of Cantoral Benavides, supra note 25, para. 178; and Case of Castillo Petruzzi et al.,
supra note 25, para. 207.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos