Process of Judges of the Judiciary and Prosecutors of the Public Prosecution Service, approved
through Resolution No. 043-2000-CNM of November 16, 2000, were applied.
95.
On January 22, 2001, the alleged victim was summoned to the “Process of Evaluation and
Ratification, year 2001 – Phase Three”, in the communication of the summons reference was made
to the Agreements of the Plenary of the CNM of November 15, 2000 and January 10, 2001. 85 Mr.
Díaz Alvarado requested an interview as part of the process and stated that in the same interview
specific charges against him were not made. In addition, he argued that one of the members of
the CNM questioned the reasons that led him to file a criminal complaint against the former Dean
of the Junín Bar Association for the crime of illegal appropriation. 86
96.
On July 13, 2001, through Supreme Resolution No. 095-2001-CNM, the CNM decided the
non-ratification of Mr. Díaz Alvarado and the cancellation of his corresponding appointment and
title. 87 The decision is not substantiated.
97.
On November 12, 2006, Mr. Díaz Alvarado filed a writ of amparo against this decision
before the Combined Court of Puente Piedra, Santa Rosa and Ancón, in which he requested that
the Supreme Resolution of the CNM be declared inapplicable and that he be reinstated in the
position he had held and that the rights inherent to the position be recognized. 88 On December
12, 2006, the Combined Court of Puente Piedra, Santa Rosa and Ancón declared the claim
inadmissible. 89 On January 11, 2006, Mr. Díaz Alvarado appealed this decision 90 and on August
3, 2007, the Second Civil Chamber of the Supreme Court of Justice of North Lima confirmed the
decision of December 12, 2006, and declared the amparo action inadmissible. 91
98.
On September 4, 2007, Mr. Díaz Alvarado filed a constitutional appeal before the
Constitutional Court against the previous decision. 92. On December 19, 2007, the Constitutional
Court declared the appeal inadmissible for having exceeded the statute of limitations for the
action, due to the term established in article 44 of the Constitutional Procedural Code having
expired. 93
B.4. Regarding Marta Silvana Rodríguez Ricse
99.
Ms. Marta Rodríguez was appointed as Deputy Provincial Prosecutor to the Huancayo
Combined Provincial Prosecutor of the Junín Judicial District on May 6, 1987. 94 For the evaluation
procedure, the Regulation of the Evaluation and Ratification Process of Judges of the Judiciary and
Prosecutors of the Public Prosecution Service, approved through Resolution No. 043-2000-CNM of
November 16, 2000, was applied.
85
Cf. Communication of the Call for the Evaluation and Ratification Process of the year 2001, Third Phase,
published on January 22, 2001 (evidence file, f. 2664), and Resolution of the National Judicial Council No. 095-2001CNM of July 13, 2001 (evidence file, pages 90 to 92).
86
Cf. Initial petition of Jean Aubert Díaz Alvarado before the Inter-American Commission of May 22, 2008
(evidence file, pages 969 to 980)
87
Cf. Resolution of the National Judicial Council No. 095-2001-CNM of July 13, 2001, supra.
88
Cf. Writ of Amparo against the National Council of the Judiciary, filed by Jean Aubert Díaz Alvarado, on
November 12, 2006 (evidence file, fs. 3524 to 3535).
89
Cf. Order No. 1 of the Combined Court of Puente Piedra, Santa Rosa and Ancón of December 12, 2006
(evidence file, f. 97).
90
Cf. Brief of appeal filed by Mr. Díaz Alvarado on January 11, 2006 (evidence file, fs. 3539 to 3541).
91
Cf. Order of the Second Civil Chamber of the North Lima Supreme Court of Justice issued, in file 00389-20070, on August 3, 2007 (evidence file, fs. 99 to 101).
92
Cf. Constitutional tort appeal before the Constitutional Court filed by Mr. Díaz Rodríguez on September 4,
2007 (evidence file, fs. 3547 to 3555).
93
Cf. Order of the Constitutional Court issued, in file 5845-2007-PA/TC of December 19, 2007 (evidence file, fs.
2806 to 2807).
94
Cf. Supreme Resolution No. 094-87-JUS of May 6, 1987 (evidence file, f. 103).
26