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a)
ever since the Court’s judgment in the case of Barrios Altos, the State has
adopted a series of measures including:
i.
ii.
iii.
iv.
v.
vi.
decisions of the Appellate Court of the Consejo Supremo de Justicia
Militar (Supreme Council of Military Justice) of June 1 and 4, 2001;
resolution of the Fiscalía de la Nación (Attorney General´s Office of
Perú) No. 631-2002-MP-FN, published in official newspaper El Perúano
on April 20, 2002;
resolution of the Fiscalía de la Nación (Attorney General´s Office of
Perú) No. 815-2005-MP-FN, published in El Perúano newspaper on
April 20, 2005, ordered that all prosecutors of all instances who have
intervened before the courts that heard the cases in which the
amnesty laws (No. 26,479 and 26,492) were applied must request the
Trial or Appellate Court to enforce supra-national judgments;
a decision of the Judiciary, which, through Administrative Order No.
170-2004-CE-PJ, published in El Perúano official newspaper of
September 30, 2004, directed that the Sala Penal Nacional de
Terrorismo (Peruvian Criminal Appellate Court of Terrorism) shall have
jurisdiction to hear cases involving crimes against humanity;
Consejo Supremo de Justicia Militar (Supreme Council of Military
Justice)’s decision of October 16, 2001 declared the nullity of the
supreme final judgment of June 16, 1995 granting the benefit of
amnesty to the members of the Peruvian Army convicted in the
military courts for their material participation in the events in the
instant case. The new supreme final judgment ordered that the
proceedings against the perpetrators return to the procedural status
they were in before applying the amnesty laws and, consequently, that
the sentence passed under judgment of May 3, 1994 be served, and
Constitutional Court judgments, especially in the cases of Villegas
Namuche (March 18, 2004), Vera Navarrete (December 9, 2004) and
Martín Rivas (November 29, 2005).
b)
indeed, the granting of amnesty has no practical effects in the domestic legal
system;
c)
in the event the Court held a different view, it should state precisely what
such measure would be, since this is not a simple issue concerning domestic law.
Under the current Constitution, not only are human rights treaties part of the
domestic law, but also any interpretation made by the organs created by such
treaties constitute mandatory criteria by which the rights in the country are to be
interpreted. Therefore, in the State's opinion, such legal framework would be
sufficient in the current state of affairs;
d)
in the Peruvian legal system, there is no such concept as that of a law being
null. However, Peruvian officers, ever since the passing of judgment in the case of
Barrios Altos, have been adopted, within their own scope of jurisdiction, measures
aimed at ruling out of the Peruvian legal system the self-amnesty laws;
e)
the State argues that, by reason of the unity of the State, it is incomplete to
understand that it confined itself to adopting measures concerning rules that, by
their nature, were general, and that were only rendered ineffective for the case of
Barrios Altos. The State notes that the Commission’s motion would force the State to
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