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INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
Proceedings before the Court. On August 6, 2019, the Inter-American Commission on
Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted the
case of Cuya Lavy et al. against the Republic of Peru (hereinafter “the State of Peru”, “the State”,
or “Peru”) to the jurisdiction of the Court. According to the Commission, the case is related to a
series of alleged violations in the context of the National Council of the Judiciary’s (hereinafter
also “CNM” as per its initials in Spanish) evaluation and ratification process undergone by the
alleged victims in this case, the judges and prosecutors Jorge Luis Cuya Lavy ( hereinafter also
“Jorge Cuya” or “Cuya Lavy” or “Mr. Cuya”), Jean Aubert Díaz Alvarado (hereinafter also “Jean
Díaz” or “Díaz Alvarado” or “Mr. Díaz”), Marta Silvana Rodríguez Ricse (hereinafter also “Marta
Rodríguez” or “Rodríguez Ricse” or “Ms. Rodríguez”) and Walter Antonio Valenzuela Cerna
(hereinafter also “Walter Valenzuela” or “Valenzuela Cerna” or “Mr. Valenzuela”), between 2001
and 2002. According to the Inter-American Commission, the State violated, under the judicial
guarantees provided by the American Convention, the right to know in advance and in detail the
accusation made and to have adequate time and means for a defense, since during the procedure
of evaluation and ratification, the alleged victims would not have had the opportunity to present
evidence in their defense regarding the accusations, charges, reports and complaints against
them, since they were not informed of their existence prior to the decision. The Commission also
established the violation of the principle of legality, because the decisions of non-ratification issued
by the CNM lacked substantiation and the legal procedural framework did not establish duly
defined grounds that would allow the alleged victims to understand the specific behaviors
evaluated and which of these could be considered as serious offenses justifying non-ratification.
Additionally, the Commission considered the violation of the right to appeal the ruling and the
right to judicial protection, since the current regulatory framework established that the CNM's
decisions regarding evaluations and ratifications of judges and prosecutors were not reviewable
in court, and that no possibility existed for the presentation of a judicial remedy against a potential
violation of human rights emanating from said resolutions. Finally, the Commission concluded that
the State violated the alleged victims’ political rights.
2.
Proceedings before the Commission. – The proceedings before the Commission were as
follows:
a) Petition. Between May 2003 and July 2008, the Commission received four petitions
presented by Jorge Luis Cuya Lavy, Jean Aubert Díaz Alvarado, Marta Silvana Rodríguez
Ricse and Walter Antonio Valenzuela Cerna, alleging Peru was responsible for the
violation of various provisions of the American Convention. The petitions were recorded
under No. 320-03, No. 948-04, No. 739-08 and No. 1065-08, respectively.
b) Admissibility Report. On March 24, 2015, the Commission approved Admissibility Report
No. 19/15 1, which was notified to the parties on April 13 of the same year. In said report,
petitions No. 320-03, No. 948-04, No. 739-08 and No. 1065-08 related to Messrs. Cuya,
Valenzuela, and Díaz, and Ms. Rodríguez, respectively, were joined. The Commission
made this available to the parties in order to reach an amicable solution. 2
c) Merits Report. On December 7, 2018, the Commission approved Merits Report No.
159/18 (hereinafter also “the Merits Report” or “Report No. 159/18”), in accordance with
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The Commission declared the case admissible with respect to Articles 8, 9, 23 and 25 of the American Convention,
in relation to Articles 1(1) and 2 of the American Convention and inadmissible with respect to the claims related to Articles
5, 11, 24 and 26 of the same instrument.
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During the processing of the petition before the Commission, three of the alleged victims, Messrs. Valenzuela and
Díaz Alvarado, and Ms. Rodríguez Ricse initiated a friendly settlement procedure with the State, which did not reach an
agreement.
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