82.
Decree Law No. 052, which contained the Organic Law of the Public Prosecution Service in
force on the date of the events, regulated the requirements, actions, obligations, sanctions and
other matters related to prosecutors. 60
B. On the process of evaluation and ratification of the alleged victims
B.1 Regarding Jorge Luis Cuya Lavy
83.
Jorge Cuya was appointed as Specialized Civil Judge of the Lima Judicial District on
November 4, 1994. 61 Subsequently, on November 21, 1994, he was permanently assigned to the
Third Specialized Civil Court of the Northern Cone, through Administrative Resolution of the
Executive Council of the Judiciary No. 115-94-CE-PJ. 62 He entered the judicial profession on
November 4, 1994, after having participated in a public application process the same year and
performed various roles throughout his career. 63 For the evaluation procedure, the Regulation for
the Evaluation and Ratification Process of Judges of the Judiciary and Prosecutors of the Public
Prosecution Service, approved through Resolution No. 241-2002-CNM of April 13, 2002, was
applied.
84.
On September 19, 2002, the Plenary of the National Council of the Judiciary made known
the schedule of activities for the individual evaluation and ratification processes and agreed to
summon the alleged victim, by means of Summons No. 004-2002 CNM. On October 29, 2002, his
personal interview was held. 64
85.
On November 20, 2002, the CNM, 65 through Resolution No. 500-2002-CNM, decided his
non-ratification, as well as the cancellation of his corresponding appointment and title. The
decision was not substantiated.
86.
On December 4, 2002, Mr. Cuya Lavy filed a writ of amparo before the Specialized Civil
Court of Lima against the CNM, in which he requested a statement of the ineffectiveness and
inapplicability of the agreement of the Plenary Council of the Judiciary and the CNM Resolution
No. 500-2002-CNM, both dated November 20, 2002, as well as his reinstatement in his position
as Specialized Civil Judge of the Northern Cone of Lima, and the full validity of his appointment
as judge. 66 On December 5, 2002, the Twenty-fifth Specialized Civil Court of Lima, through order
No. 1, declared the writ of amparo inadmissible, based on the fact that “the Judiciary is not
competent to review the ratification decision issued by the [CNM]." 67 On December 16, 2002, Mr.
Cuya Lavy filed an appeal against this decision before the Specialized Civil Judge of Lima, in which
he requested reversal of the appealed decision. 68 On December 17, 2002, through order No. 2,
the appeal was granted and the file was submitted to the Third Civil Chamber of the Supreme
Cf. Decree Law No. 052, Organic Law of the Public Prosecution Service of March 18, 1981 (evidence file, pages
268 to 288).
61
Cf. Title of appointment of Mr. Cuya Lavy as Specialized Civil Judge of the Judicial District of Lima, issued by
the Jury of Honor of the Judiciary by Resolution of November 9, 1994 (evidence file, fs. 8 and 9).
62
Cf. Administrative resolution No. 115-94 -CE-PJ issued by the Supreme Court of Justice, November 21, 1994
(evidence file, f. 11).
63
Cf. Statement of Mr. Cuya Lavy given before the Court at the public hearing held on March 8 and 9, 2021.
64
Cf. Summons No. 004-2002-CNM, issued by the National Council of the Judiciary on September 19, 2002
(evidence file, f. 13).
65
Cf. Resolution No. 500-2002-CNM issued by the National Council of the Judiciary on November 20, 2002
(evidence file, f. 18).
66
Cf. Writ of Amparo filed by Mr. Cuya Lavy before the Specialized Civil Court of Lima on December 4, 2002
(evidence file, fs. 2762 to 2785).
67
Cf. Resolution No. 1 of the Twenty-Fifth Specialized Civil Court of Lima of December 5, 2002 (evidence file, pages
2787 to 2789).
68
Cf. Appeal filed by Mr. Cuya Lavy before the Specialized Civil Judge of Lima on December 16, 2002 (evidence
file, fs. 2202 to 2210).
60
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