29
u.
that the State had knowledge of the acts of physical and psychological
aggression committed against Luis Alberto Cantoral-Benavides, yet made no
attempt to investigate same.39
IX
PRIOR CONSIDERATIONS ON THE MERITS
64.
In the reply to the complaint, the State declared, based on considerations of
the internal laws of Peru (Article 305 of the Peruvian Constitution of 1979, Article
205 of the Peruvian Constitution of 1993, and Article 39 of Law No. 23.506 on
Habeas Corpus and Civil Rights Protection), that the Commission should have
rejected in-limine and ab-initio the petition submitted by the petitioner, and that,
likewise, the Court should not have admitted the complaint.
65.
The Court considers that, by making this allegation, Peru is attempting to reopen, in the merits stage, some of the points already decided in the judgment on
preliminary objections rendered on September 3, 1998. This Tribunal dismisses the
State’s allegation, considering that same is totally inadmissible because it addresses
matters already decided in the aforementioned judgment, which is final and cannot
be appealed, under Article 67 of the Convention.
X
VIOLATION OF ARTICLES 7(1), 7(2), 7(3), 7(4) and 7(5)
RIGHT TO PERSONAL LIBERTY
66.
As regards the violation of Articles 7(1), 7(2), 7(3), 7(4), and 7(5) of the
Convention, the Commission alleged that:
a)
Mr. Cantoral-Benavides was detained without a warrant issued by a
competent authority and which specified the reasons for his detention,
ignoring the basic procedures and requirements established in Article 2.20.g)
of the Peruvian Constitution of 1979;
b)
Mr. Cantoral-Benavides was held incommunicado for eight days and
was not permitted to see his relatives; for five (sic) days he had no access to
a lawyer; and he was held for 20 days at the facilities of the DINCOTE, being
brought before the Special Naval Court on February 26, 1993.
The
Commission considers that, for these reasons, it is shown that the Peruvian
State violated Article 7(5) of the Convention;
39
Cfr. Official letter 073-2000-MP-FN-, 3rd F.S.C.L. dated March 23, 2000, from the Third Superior
Civil District Attorney’s Office of Lima, of the Office of the Public Prosecutor; report prepared by the task
force comprising representatives of the Ministries of Justice, Interior, Defense and Foreign Relations, as
well as the Office of the Public Prosecutor and the Judicial Branch of Peru, from 1994; testimony of Luis
Alberto Cantoral-Benavides, given before the Court on September 20, 1999; testimony of Gladys
Benavides-de-Cantoral, given before the Court on September 21, 1999; testimony of Víctor ÁlvarezPerez, given before the Court on September 21, 1999; brief from Luis Alberto Cantoral-Benavides’ lawyer,
addressed to Blanca Nélida-Colán, National Prosecutor, dated June 7, 1993; statement made by Luis
Alberto Cantoral-Benavides before the 43rd Criminal Court of Lima, on December 1, 1993, during the
investigation stage.