54
Convention and of guaranteeing their free and full exercise, as established in Article
1(1) of same.
178. The Court observes, furthermore, as it has in the past, that the provisions
contained in the emergency legislation adopted by the State to combat terrorism,
and in particular Decree Laws No. 25.475 and 25.659, applied to Mr. Luis Alberto
Cantoral-Benavides in the present case, violate Article 2 of the American Convention,
because the fact that said decrees had been issued and were in force in Peru means
that the State had not taken the proper steps of internal law to enforce the rights
embodied in the Convention. On this matter, the Court has said that
the general duty set forth in Article 2 of the American Convention implies the adoption of
measures on two fronts. On the one hand, the suppression of rules and practices of any
kind that entail the violation of the guarantees set forth in the Convention. On the
other, the issuance of rules and the development of practices leading to the effective
observance of said guarantees.72
179. As a consequence, the Court concludes that the State has not complied with
the general obligations contained in Articles 1(1) and 2 of the American Convention.
XVI
VIOLATION OF ARTICLES 2, 6 AND 8
OF THE INTER-AMERICAN CONVENTION
TO PREVENT AND PUNISH TORTURE
180. As regards the violation of Articles 2, 6, and 8 of the Inter-American
Convention to Prevent and Punish Torture, the Commission alleged that:
a)
The State violated same to the detriment of Luis Alberto CantoralBenavides;
b)
the Prosecutor Julia Eguía Dávalos, responsible for investigating
allegations of torture, decided “TO REJECT the petition interposed in this case
… against agents of the DIVICOTE 3-DINCOTE because it LACKED THE
ELEMENTS OR EVIDENCE required to conduct a judicial investigation of the
people denounced;” and
c)
in its final arguments, the Commission indicated that Peru had violated
Articles 6 and 8 of the Inter-American Convention Against Torture “by not
adopting ‘effective measures to prevent and punish torture’ and by not
investigating and punishing those responsible for such acts.”
181. For its part, the State alleged that it had not violated the cited articles of the
Inter-American Convention Against Torture. Also, it reiterated the arguments it had
raised to show that it had not violated Article 5 of the Convention.
*
182.
72
*
*
Article 2 of the Inter-American Convention Against Torture states that:
cfr. Durand and Ugarte Case, supra note 45, para. 137; and Castillo-Petruzzi et al. Case, supra
note 9, para. 207.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos