4
treaties (that is, those dealing with provisions on protected rights) but also in connection
with procedural rules, such as the ones concerning compliance with the decisions of the
Court. Such obligations are to be interpreted and enforced in a manner such that the
protected guarantee is truly practical and effective, bearing in mind the special nature of
human rights treaties.3
*
*
*
Obligation to investigate the events, prosecute and, in turn, punish those responsible for the
violations
7.
That, in relation to the duty to immediately adopt the measures necessary to
effectively conduct and complete, within a reasonable time, the ongoing investigations and
criminal proceedings in regular criminal courts, and to order, if applicable, the necessary
investigations to determine the criminal liability of those responsible for the violations
committed against the victims (operative paragraph nine of the Judgment,) the State
informed that three separate criminal proceedings in relation to compliance with this
operative paragraph were then pending: i) judicial proceedings N° 03-2003, in the First
Special Criminal Division of the Lima Superior Court of Justice, against certain members of
the Colina Group; ii) judicial proceedings N° 19-2001-AV, in the Special Criminal Division of
the Supreme Court, against former president Alberto Fujimori, and iii) judicial proceedings
N° 68-2007, in the Fifth Special Criminal Anticorruption Court, based on report N° 08-2004
against Vladimiro Montesinos-Torres, Nicolás de Bari Hermoza-Ríos, Luis Augusto PérezDocumet and José Adolfo Velarde-Astete. In the course of the proceedings, the accusation
was extended against eight additional defendants. In relation to these investigations, the
State subsequently reported that: i) in judicial proceedings N° 03-2003, April 8, 2008, the
former Chief of the National Intelligence Service Julio Rolando Salazar-Monroe was
convicted to 35 years' imprisonment, and former members of the Colina Group Gabriel
Orlando Vera-Navarrete, José Alarcón-Gonzáles and Fernando Lecca-Esquén were convicted
to 15 years' imprisonment on the charges of aggravated murder and forced disappearance
of persons; ii) in judicial proceedings N° 19-2001-AV, after the extradition granted on
September 21, 2007 by the Supreme Court of Justice of Chile, on April 7, 2009, the former
president of the Republic Alberto Fujimori-Fujimori was convicted to 25 years' imprisonment
“as mediate perpetrator of the crime of murder with perfidy and treachery, as aggravating
circumstances, against the victims [in the instant case,”] and iii) in judicial proceedings N°
68-2007, an order of detention and restricted appearance was issued against the reported
individuals.
8.
That the representatives welcomed the advances made in furtherance of compliance
with this operative paragraph. Accordingly, they highlighted three issues: i) that in judicial
proceedings N° 03-2003 against former members of the Colina Group, on April 27, 209, the
Second Criminal Division ruled on the appeal for annulment affirming the acquittal of
Aquilino Portella-Núñez and the conviction of Gabriel Orlando Vera-Navarrette, José AlarcónGonzáles and Fernando Lecca Esquén to 15 years' imprisonment, and affirming the
conviction of Julio Rolando Salazar-Monroe, while reducing his sentence from 35 to 25
years' imprisonment; ii) that the Special Criminal Anticorruption Division decided on appeal
to deliver copies of the case file to the Attorney General’s Office to conduct an investigation
3
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of the Inter-American Court of Human Rights
of September 24, 1999. Series C No. 54, para. 37; Case of the Carachazo v. Venezuela, supra note 1, Considering
clause No. 6, and Case of Cantoral-Huamaní and García-Santa Cruz v. Peru, supra note 1, Considering clause No.
6.