a right, where applicable, and provide reparation for the damages ex officio.”134 The foregoing is
based on the principle of complementarity, which permeates the inter-American system of human
rights, which is, as stated in the Preamble to the American Convention, “reinforcing or
complementing the protection provided by the domestic laws of the American states.” Therefore,
the State “is the principal guarantor of human rights and, consequently, if a violation of said rights
occurs, the State must resolve the issue in the domestic system and, if applicable, redress the
victim before resorting to international forums such as the inter-American system for the
protection of human rights, which derives from the subsidiary nature of the international system
vis-à-vis the domestic systems for the protection of human rights.” 135
13
13
167. The aforementioned subsidiary nature of the international jurisdiction means that the
system of protection established by the American Convention on Human Rights does not replace
the national jurisdictions; rather, it complements them. 136 The above means that a dynamic and
complementary control of the treaty-based obligations of States to respect and guarantee human
rights has been established between the domestic authorities (who have the primary obligation)
and the international instance (complementarily), so that their decision-making criteria can be
established and harmonized. Thus, the jurisprudence of the Court includes cases in which the
decisions of domestic courts have been examined in order to establish the legal grounds and
determine the violation of the Convention in the specific case.137 In other cases it has been
recognized that, in accordance with international obligations, the domestic bodies, instances or
courts have adopted adequate measures to remedy the situation that gave rise to the case,138
have already resolved the alleged violation,139 have ordered reasonable reparations,140 or have
exercised an adequate control of the treaty obligations.141 In this regard, the Court has pointed
out that the responsibility of the State under the Convention can only be required at the
international level after the State has had an opportunity to acknowledge, if applicable, the
violation of a right and to provide reparation, by its own means, of the damages caused. 142
Consequently, the Court has established that States are not internationally responsible when they
have already acknowledged having committed an international crime, have ceased the violation
and have remedied the consequences of the measure or situation that caused it. 143
168. In the instant case, the Court observes that the judgment issued on June 19, 1997, by the
Second Criminal Chamber of the Supreme Court of Justice increased the sentence imposed on Mr.
Rosadio Villavicencio from 6 to 15 years. 144 However, on May 24, 2001, Law 27454, titled
“Amendment Law to Article 300 of the Code of Criminal Procedure” was published in the “El Peruano”
143 F
Cf. Case of the Santo Domingo Massacre v. Colombia. Preliminary Objections, Merits and Reparations. Judgment
of November 30, 2012. Series C No. 259, para. 143, and Case of Terrones Silva et al. v. Peru. Preliminary Objections,
Merits, Reparations and Costs. Judgment of September 26, 2018. Series C No. 360, para. 167.
135
Cf. Case of Acevedo Jaramillo et al. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of
February 7, 2006. Series C No. 144, para. 66, and Case of Amrhein et al. v. Costa Rica. Preliminary Objections, Merits,
Reparations and Costs. Judgment of April 25, 2018. Series C No. 354, para. 281.
136
Cf. Case of Acevedo Jaramillo et al. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of
February 7, 2006. Series C No. 144, para. 66, and Case of Amrhein et al. v. Costa Rica. Preliminary Objections, Merits,
Reparations and Costs. Judgment of April 25, 2018. Series C No. 354, para. 281.
137
Cf. Case of the Santo Domingo Massacre v. Colombia, supra, paras. 143, 196, 200, 203, 206, 209, 220, 221,
225, and Case of Amrhein et al. v. Costa Rica, supra, para. 99.
138
Cf. Case of García Ibarra et al. v. Ecuador, supra, para. 103, and Case of Amrhein et al. v. Costa Rica, supra,
para. 99.
139
Cf. Case of García Ibarra et al. v. Ecuador, supra, para. 103, and Case of Amrhein et al. v. Costa Rica, supra,
para. 99.
140
Cf. Case of García Ibarra et al. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of
November 17, 2015. Series C No. 306, para. 103, and Case of Amrhein et al. v. Costa Rica, supra, para. 99.
141
Cf. Case of Gelman v. Uruguay, supra, para. 239, and Case of Amrhein et al. v. Costa Rica, supra, para. 99.
142
Cf. Case of the Santo Domingo Massacre v. Colombia, supra, para. 143, and Case of Amrhein et al. v. Costa Rica,
supra, para. 99.
143
Case of Andrade Salmón v. Bolivia, supra, para. 96, and Case of Amrhein et al. v. Costa Rica, supra, para. 99.
144
Cf. Judgment of June 19, 1997, of the Second Transitory Criminal Chamber of the Supreme Court of Justice of
the Republic (evidence file, folios 365 a 368).
134
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