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conclusion of the proceedings on November 4, 2008, with the issuing of the writ of supreme execution
upholding the judgment of July 23, 2008.
47.
They note that the Inter-American Court has ruled that a State cannot ignore periods of
procedural inactivity or the total failure to conduct an investigation and must assume the consequences of
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such obstructions. In this regard, they note that the archiving of the proceedings before the military
courts was carried out under Amnesty Law No. 26492. They report that the motion of res judicata was
upheld by the regular courts, which allowed the proceedings to be archived based on the resolution of the
military justice system under the Amnesty Law, on account of which that resolution was illegitimate and
contrary to the Convention. They note that as a result, for eight years, from 1995 to 2003, the case was
archived.
48.
They contend that it was at the request of the victims’ next-of-kin that the proceedings
were reopened before the civilian courts on January 21, 2003, and that once the case had recommenced,
a series of incidents occurred that caused excessive delays in its processing: the ineffective pursuit of
formalities, deficiencies in locating and arresting the sole accused, and, finally, delays in making good on
the civil redress payments.
49.
Based on the foregoing arguments, the petitioners ask the IACHR to declare that the
State of Peru violated Articles 4, 5, 8, and 25 of the American Convention, in conjunction with Article 1.1
thereof, with respect to Zulema Tarazona Arrieta, Norma Teresa Pérez Chávez, and Luis Alberto
Bejarano Laura, and that it failed to meet its obligations under Article 2 of the American Convention; and
that it violated Articles 5, 8, and 25 of the Convention, in conjunction with Article 1.1 thereof, with respect
to the next-of-kin of Zulema Tarazona Arrieta, Norma Teresa Pérez Chávez, and Luis Alberto Bejarano.
They further ask the IACHR to recommend that the State adopt the measures necessary to provide timely
and appropriate redress for the established violations suffered by the alleged victims and their next-of-kin.
B.
Position of the State
50.
Initially, in the year 1998, the State said that the incident in the complaint had occurred
during a countersubversive operation, as a result of which the Commander of the First Special Forces
Division reported Sergeant Second-Class Antonio Evangelista Pinedo to the Permanent Court-Martial of
the Second Army Judicial District as the alleged perpetrator of the crime of negligent homicide, and that
the accused later benefited from the Amnesty Law under the deed of execution of the Supreme Military
Justice Council of June 20, 1995, pursuant to the Constitution and special provisions. The State noted
that the Constitutional Court, in its judgment of April 29, 1997, ruling on the enforcement of Laws Nos.
26479 and 26492, stated that “should there still be victims who have not yet obtained that [civil] redress,
they may assert that right before the competent authorities”; Peru thus held that if the petitioners did not
secure redress during the proceedings that were sent to the archive, they could have done so through the
civil courts.
51.
Later, in 2002, the State reported on the proceedings brought before the military justice
system and regular courts against Sgt. Antonio Evangelista Pinedo. It said that after the civil
complainants had lodged the motion to void the effects of the Amnesty Law pursuant to the InterAmerican Court’s Barrios Altos judgment, the 27th Provincial Criminal Prosecutor’s Office proposed that
the motion be ruled inadmissible, on the grounds that the applicants had not met the formalities required
for the execution of international judgments established in Article 151 of the Consolidated Text of the
Organic Law of the Judiciary. It stated that after the Inter-American Court issued its judgment interpreting
the judgment on the merits in the Barrios Altos Case on September 3, 2001, indicating that the
resolutions of that judgment were to enjoy general effects, the Supreme Military Justice Council set about
reviewing all proceedings in which the Amnesty Law had been applied and all those involving human
rights violations.
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149.
The petitioners cite the Inter-American Court’s judgment in the La Cantuta Case, Judgment of November 29, 2006, para.