59 92. The events in La Cantuta and the systematic practice were favored by the generalized scenario of impunity of the then prevailing severe violations of human rights, fostered and tolerated by the absence of civil liberties and the inefficacy of legal institutions to cope with the said systematic violations of human rights. The CVR confirmed the “discontinuance of democratic institutions affecting the country by means of the overt intervention in the work of the Judiciary, the Constitutional Tribunal, the Public Ministry and other constitutional bodies,” pursuant to which the actions of the so-called National Emergency and Reconstruction Government “indeed neutralized the political and judicial control over their acts.”89 The adoption of distinct legal mechanisms and factual situations worked together to hamper investigations and to foster or activate that state of impunity, for example, the delegation of investigations of such facts to military courts (below paras. 137-45); the removal of several judges and prosecutors of all levels, as ordered by the 90 Executive; and the enactment and enforcement of amnesty laws (below paras. 165-89). This has a close bearing with the duty to investigate cases of extra-legal executions, forced disappearance and other severe violations of human rights (below paras. 110-2). 93. In this regard, the CVR’s final report pointed out that the Judiciary failed to comply adequately with its mission to eradicate the impunity of State agents who used to commit severe human right violations —a failure which contributed to that situation; in addition, the courts refrained themselves from trying members of the armed forces accused of those offenses, systematically loosing each conflict of jurisdiction over the competence of military courts, where the issues remained unpunished. This situation “worsened after the 1992 coup d’etat,” owing to a “clear interference with the Judiciary, by means of group dismissals of magistrates, provisional designations and the creation of competent bodies alien to the judicial system structure, apart from the inoperativeness of the Constitutional Tribunal.” 91 Other generalized practice corroborated by the CVR was that the “jurisdictional bodies did not protect the rights of citizenship, as they disallowed writs habeas corpus,” and that the Public Ministry failed to comply with its duty to investigate crimes adequately due to its lack of independence from the Executive.92 […] the criminal organization that over the last decade controlled the main institutions of the state-power apparatus […] established a clandestine repression system under which parallel or illegal procedures were implemented so as to face those considered to be associated with terrorist organizations or suspected of being members of the Communist Party of Perú (generally known as “Shining Path”) and of the Tupac Amaru Revolutionary Movement (generally known as “MRTA”). […] Because of their severity, scale, generalized systematic nature, the still unclear number of fatal victims of the events, together with the set of adversely affected legal rights and interests, such criminal events call for their classification as crimes against humanity (outrageous acts condemned by the civilized word, wrongdoings against the conscience that human beings have today of their own condition), and their perpetrators, as true enemies against human race or enemies common to all mankind. 89 Cf. Final Report of the Truth and Reconciliation Commission, 2003, Section I, Chapter 4, “The Legal Dimension of the Events,” p. 242. 90 Cf. Report of the Special Relator in charge of the issue of independence of judges and attorneys, Mr. Param Cumaraswamy. Addition to Report of the Mission in Perú E/CN.4/1998/39/Add.1, February 19, 1998, paras. 17-20). 91 Cf. Final Report of the Truth and Reconciliation Commission, 2003, General Conclusions, Section VIII, paras. 123-31, p. 336. 92 Cf. Final Report of the Truth and Reconciliation Commission, 2003, General Conclusions, Section VIII, paras. 123-31, p. 337.

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