22 1) 2) 3) To propose the modification of the Constitution so that the new instrument will be an effective mechanism for development. To improve the moral fabric of the administration of justice and related institutions; and the national control system, decreeing the comprehensive reorganization of the Judiciary, the Constitutional Court, the National Council of the Judiciary, the Attorney General’s Office (Ministerio Público) and the Comptroller General’s Office. To modernize the public administration, reforming the central Government structure, public enterprise and the decentralized public agencies, so that they become elements that promote productive activities. […] Article 4. To dissolve the Congress of the Republic until a new basic structure for the Legislature is adopted, as a result of the modification of the Constitution referred to in Article 2 of this Decree Law. Article 5. The President of the Republic, with the affirmative vote of an absolute majority of the members of the Council of Ministers, shall exercise the functions corresponding to the Legislature, through Decree Laws. […] Article 8. The articles of the Constitution and legal provisions that are contrary to this Decree Law are suspended.13 89(3) As a result of various factors and in the context of the application of Resolution 1080 adopted by the OAS General Assembly on June 5, 1991, the instability led to the call for elections and the formation of the so-called “Democratic Constituent Congress” (CCD), which was supposed to draw up a new Constitution, among other matters. One of the first actions of this Congress was to issue the socalled “constitutional laws.” The first of these, adopted on January 6, 1993, and published three days later, declared that the 1979 Constitution was in force, except in the case of the decree laws issued by the Government, and stated that they were in force until they were revised, modified or derogated by Congress itself.14 89(4) At the time the facts of the instant case occurred, when the alleged victims filed the administrative and judicial recourses, several decree laws included a provision that prevented an action for amparo being filed to contest their effects; this denaturalized the amparo procedure, because situations outside jurisdictional control were established.15 89(5) On October 31, 1993, a new Peruvian Constitution was adopted, promulgated by the so-called Democratic Constituent Congress on December 29, that year.16 89(6) Alberto Fujimori Fujimori was re-elected President of Peru in 1995 and assumed the Presidency again in July 2000. In November 2000 he renounced the 13 Cf. Decree Law No. 25418 of April 6, 1992, published the following day, which issued the Basic Law for the Emergency and National Reconstruction Government (file of appendixes to the application, tome I, appendix 5, folio 480). 14 Cf. OAS General Assembly Resolution, AG/RES.1080 (XXI-0-91), adopted on June 5, 1991; Report of the Mission of the Inter-American Commission on Human Rights to Peru on April 23 and 24, 1992, Appendix VII, and sworn statement made by the expert witness Samuel Abad Yupanqui (evidence file, tome 17, folio 4981). 15 Cf. sworn statement made by the expert witness Samuel Abad Yupanqui (evidence file, tome 17, folios 4983 and 4984). 16 Cf. Peruvian Constitution, published in the official gazette on December 30, 1993 (appendixes to the application, appendix 4, tome 6, folios 3467 to 3481).