legislative or other measures necessary to give effect to the rights and freedoms protected by the
Convention. 178
204. From the information provided by the State, it is indicated that, after the events of this
case, Peru has adopted various regulations to regulate the evaluation and ratification procedure
that is in force, through the constitutional reform on the establishment and functions of the
National Council of the Judiciary, the Organic Law of the JNJ and the Regulation of the
Comprehensive Evaluation and Ratification Process of Judges of the Judiciary and Prosecutors of
the Public Prosecution Service through Resolution No. 260-2020-JNJ of December 9, 2020 (supra
para. 80).
205. The Court notes that, according to the allegations of the parties, the victims' own
statements, as well as the regulations in force, the prohibition that non-ratified magistrates may
re-enter the Judiciary and the Public Prosecution Service still remains, despite the fact that the
State has repeatedly indicated that the Constitutional Court in its judgment of January 8, 2006 179
indicated that the right of non-ratified magistrates to re-apply to the Judiciary and the Public
Prosecution Service cannot be prevented in any way, since the fact of not having been ratified
should not be an impediment to re-enter the judicial profession.
206. In light of the foregoing, the Court considers it necessary for the State to adopt legislative
or other measures to adapt its domestic legal system to the provisions of the American
Convention, in accordance with the ruling in this judgment in relation to the reinstatement of the
non-ratified magistrates to the Judiciary or the Public Prosecution Service and to the possibility of
appealing decisions determining the non-ratification of a magistrate. This implies that the State
must adopt said measures within a reasonable period of time. Regardless of the reforms that the
State must introduce, while the measures are not adopted the State authorities are under the
obligation to exercise ex officio conventionality control between domestic law and the American
Convention, within the framework of their respective competencies and the corresponding
procedural regulations. In this task, the domestic authorities must take into account not only the
treaty, but also its interpretation by the Inter-American Court, the ultimate interpreter of the
Convention.
D. Additional Measures
207. Furthermore, the representatives of Messrs. Cuya and Valenzuela requested that the
State hold a public redress ceremony acknowledging international responsibility and making a
public apology. In addition, Mr. Valenzuela’s representatives requested that the State: (a) prepare
and publish a brochure that summarizes the Court decision; (b) that the State send an official
letter to the alleged victim acknowledging the violations committed to his rights and offering a
public apology for them, and (c) implement a permanent training program for newly admitted
justice officials providing fundamental information on judicial independence, as well as on the free
and full exercise of their duties and rights as judicial officials. Regarding the performance of a
public act, the State argued that it does not oppose the holding of said act, provided that the
Court considers that the other measures of reparation ordered are not sufficient and expressly
indicates why it should depart from the criteria already developed by the Court. In terms of
training, training related to Human Rights and case law related to international standards in the
178
Cf. Case of Gangaram Panday v. Suriname. Preliminary Exceptions. Judgment of December 4, 1991. Series C
No. 12, para. 50, and Case of Villarroel Merino et al. v. Ecuador. Preliminary objections, Merits, Reparations and Costs.
Judgment of August 24, 2021. Series C No. 430, para. 142.
179
The State referred to the Constitutional Court judgment of January 8, 2006, in File No. 1333-2006-PA/TC and
added to said judgment that “[t]he non-ratification does not imply a sanction, therefore the possibility of applying the
prohibition to re-enter the judicial career is incongruous regarding the very nature of the institution, since, […], this does
not constitute a sanction.” In addition, in the same sense, the State mentioned the Judgment of January 27, 2003 of the
Constitutional Court, in File No. 1941-2002-PA/TC, and the Judgment of August 12, 2005 of the Constitutional Court, in
File No. 3361-2004-PA/TC.
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