revictimization, which would have serious consequences for her health, […]
life and future.”
6.
The Commission considered that “the decision of the National Criminal
Chamber […] constitutes a further act of non-compliance with the judgment of the
Inter-American Court and disregards the conclusions of the Court in its Order of
September 1, 2010.” Thus, the Commission considered that “it is the Court’s
responsibility to assess the different mechanisms available - including provisional
measures – and select the one that is most appropriate for requiring the Peruvian
State to comply with the Court’s judgment in order to avoid a further human rights
violation to the detriment of the victim.” In addition, the Commission noted “that,
although the date of the decision of the National Criminal Chamber is subsequent to
the adoption of the Order of the Inter-American Court, it is, in fact, prior to the
notification of the Order, which occurred on September 22, 2010.” Thus, the
Commission considered that “the decision could have resulted from the fact that the
respective judicial authorities were unaware of the Court’s order.”
7.
For its part, the State asked that the request for provisional measures
presented by the representative be declared inadmissible, taking into account the
decision of January 24, 2011, issued by the Transitory Criminal Chamber of the
Supreme Court of Justice, which:
a)
Noted that, in the order issued by the Inter-American Court on
September 1, 2010, the Court considered that the second trial of Mrs. De La
Cruz Flores “was not in compliance” with the provisions of the judgment on
merits, reparations, and costs delivered on November 18, 2004;
b)
Indicated “the final and non-appealable nature of the judgments of
the Court”, based on which “they must be implemented promptly and fully
by the State,” and
c)
Consequently, “declared the nullity of the supreme writ of execution
of November 23, 2009,” and “annulled the location and arrest order” for Mrs.
De La Cruz Flores, “to take effect on that day for the corresponding entities.”
8.
In response to the information submitted by the State, the representative
indicated, “that she had not been notified of the decision of the Transitory Criminal
Chamber of the Supreme Court of January 24, 2011.” In this regard, she noted
that, “in order to have legal effect in Peru and, consequently, not constitute a
serious and urgent threat against Mrs. De La Cruz, it should not only be notified to
her, but also copies should be attached of the official notes sent to the Peruvian
police authorities advising that the national and international detention and arrest
order for Mrs. De La Cruz had been annulled.” For its part, the Inter-American
Commission “assessed positively” the decision issued by the Supreme Court of
Justice on January 24, 2011, and “considered it pertinent that the State submit the
supporting documentation to the Court confirming that, in practice, the necessary
measures have been adopted in relation to the authorities involved to ensure that
the supreme writ of execution of November 23, 2009, will have no effects on Mrs.
De La Cruz’s situation.”
9.
In this regard, the State forwarded copies of official notes No. 230-2011-SSPT-CS and No. 231-2011-S-SPT-CS of January 24, 2011, in which the Transitory
Criminal Chamber of the Supreme Court of Justice requested the Head of
INTERPOL-Lima and the Head of the Requisition Division of the Judicial Police,
respectively, to “annul the national and international orders for the location and
arrest” of Mrs. De La Cruz Flores. In addition, the State indicated that “the
notification procedure is within the period established in the Notification
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