23
as a result of the suspension of its effects due to its contradiction with the American
Convention.
In this sense, the witness stated, inter alia, that Perú is “compelled to comply with the
rulings of the American Convention,” since it has ratified the American Convention. Such
obligation is provided in the regulations of its domestic legislation, which provide that the
judgments of the Inter American Court are to be executed immediately and directly.
He also stated that if “the resolution is of a general scope, it will not suffice with a diffused
control over a particular case.” The unconstitutional nature of said law “is evident and,
besides, it shall, at least, have effects on the legal decisions whereby the accused are
acquitted or provisionally released.” This argument is founded on the emerging principle of
the Human Rights law.”
Expert witness proposed by the representatives
l)
Samuel Abad Yupanqui, expert in Peruvian constitutional law
After referring to the context existing in Perú at the time of the events, he referred to
Peruvian constitutional law, specifically to matters related to the inexistence, invalidity and
inefficiency of laws in Peruvian legal order, especially to laws No. 26,479 and 26,492, as
well as to the effects and scope of the rulings of the Constitutional Court, both in amparo
and constitutional proceedings related to said laws. Besides, he referred to the situation of
the Peruvian judicial system and its capacity to give adequate judicial response to serious
violations of human rights.
He stated, inter alia, that the interpretation judgment delivered by the Inter American Court
in the case of Barrios Altos, regarding the amnesty laws “definitely opened […]the way
towards justice […] in all the remaining cases.” Therefore, “the fact that the amnesty laws
have not been formally abolished does not prevent the judges from investigating and
punishing those held responsible, since in Perú all judges have the constitutional power to
give prevalence to the constitution over the laws, and consequently they are authorized not
to apply amnesty laws.”
B) TESTIMONY OF WITNESSES
61.
During the public hearing (supra para. 23) the Court heard the testimonies of the
witnesses for the Inter-American Commission and the representatives. Below, the Court
summarizes the relevant parts of said testimonies.
a)
Gisela Ortiz-Pérez, sister of Luis Enrique Ortiz-Pérez
When her brother disappeared, she was twenty years old and she was also a student at La
Cantuta University.
From the very beginning the next of kin have been in search of truth and justice. As from
the date of the events, they have made formal complaints, intended to sensitize Peruvian
society and the international community, to "build up memory" as "it is a way of taking her
brother back to life."
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