8
v.
given that the program began on November 9, 2007, she
requested an urgent ruling by the Court, ordering the State to comply
with the Judgment and provide her with a grant for training as well as to
adopt any other necessary measures for her to pursue training and
professional development, such as authorization to leave the country.
f)
in regards to the duty to re-enter Ms. De La Cruz Flores in the relevant
retirement register, the State has failed to comply with this duty and, therefore,
with the payment of the contributions to the social security system for the years
she was arbitrarily held in custody.
g)
in regards to the obligation to publish the section entitled “Proven Facts”
as well as operative paragraphs 1 to 3 of the declaratory part of the Judgment
in the Official Gazette and in another daily newspaper with national circulation,
on December 29, 2005, the pertinent sections of the Judgment were published
in El Comercio newspaper. However, she was not notified on time of such
publication by the State; rather, she learned about it through third parties.
4.
The communications submitted by the Inter-American Commission on Human
Rights (hereinafter “the Inter-American Commission” or “the Commission”) on
February 16, 2005, July 3, 2006 and May 7, 2007, pointing out, inter alia, that:
a)
in regards to the duty to comply with the right to freedom from ex post
facto laws and the requirements of due process in the new proceeding pending
against Ms. De La Cruz Flores:
i.
in relation to the second proceeding, evidence suggests that the
fundamental principles and rights emphasized by the Inter-American
Court in its Judgment have not been observed in said proceeding. First,
in the judgment of conviction of July 10, 2006, reference was made to
evidence obtained during the first proceeding conducted by “faceless
judges.” Secondly, there was no indication of the time of the acts giving
rise to the charges of membership in a terrorist organization against Ms.
De La Cruz Flores or the criminal legislation in force at that time, which
affects the punishment to be imposed as well as the running of the
statute of limitations for the criminal action. In addition, Decree Law No.
25475 was applied again in the aforesaid judgment, which application
the Court had already found contrary to the right to freedom from ex
post facto laws;
ii.
the Commission trusts that the Corte Suprema (Supreme Court of
Peru), in its ruling on the remedies pending before it, will hold the
criminal action barred by the statute of limitations, and
iii.
with regard to the first detention and proceeding, the State has
given no reasons to justify a second criminal prosecution for a crime of
which the victim had been finally acquitted in 2000, and that such final
judgment should have been res judicata.
b)
in regards to the obligation of the State to pay the amounts specified in
the Judgment as compensation for pecuniary and non pecuniary damage and
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