DOCSLIB.ORG

Order of the Inter-American Court of Human Rights of November 25

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Order of the Inter-American Court of Human Rights of November 25 Order of the Inter-American Court of Human Rights of November 25, 2005 Case of García-Asto and Ramírez-Rojas v. Peru (Preliminary Objection, Merits, Reparations and Costs) In the Case of García-Asto and Ramírez-Rojas, The Inter-American Court of Human Rights (hereinafter “the Inter-American Court,” “the Court” or “the Tribunal”), composed of the following judges:* Sergio García-Ramírez, President; Alirio Abreu-Burelli, Vice-President; Oliver Jackman, Judge; Antônio A. Cançado Trindade, Judge; Cecilia Medina-Quiroga, Judge; Manuel E. Ventura-Robles, Judge, and Jorge Santistevan de Noriega, Judge ad hoc; Also present, Pablo Saavedra-Alessandri, Secretary; and Emilia Segares-Rodríguez, Deputy Secretary, Pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”) and Articles 29, 31, 53(2), 55, 56, and 58 of the Rules of Procedure of the Court (hereinafter “the Rules of Procedure”), delivers the following Judgment. I INTRODUCTION OF THE CASE 1. On June 22, 2004, the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) filed before the Court an application against the State of Peru (hereinafter “the State” or “Peru”) * Judge Diego García-Sayán, a Peruvian national, excused himself from hearing this case, pursuant to Articles 19(2) of the Statute of the Court and 19 of the Rules of Procedure. 2 originating in petition Nos. 12.413 and 12.423, received at the Secretariat of the Commission on November 9 and 12, 1998, in the cases of Wilson García-Asto and Urcesino Ramírez-Rojas, respectively. On August 14, 2003, the Commission ordered joinder of the cases into case file No. 12.413. 2. The Commission filed the application pursuant to Article 61 of the American Convention, for the Court to determine whether the State had committed the alleged violations of human rights to the detriment of Wilson García-Asto and Urcesino Ramírez-Rojas, as embodied in Articles 7(2), 7(3), 7(4), 7(5), and 7(6) (Right to Personal Liberty); 8(1), 8(2), 8(2)(f), and 8(5) (Right to Fair Trial) and 9 (Rule of freedom from ex post facto laws) of the American Convention, in relation to Article 1(1) (Obligation to Respect Rights) of said treaty, allegedly committed “in the context of [the] criminal proceeding[s] brought against them […] for the crime of terrorism.” Moreover, the Commission requested the Court to declare that the State had violated the obligation established in Article 2 (Duty to Adopt Domestic Provisions) of the Convention “for having adopted legal rules in violation of the American Convention and for having failed to fully adapt said rules to the rights and freedoms established in [said treaty] in relation to the crime of terrorism.” 3. The Commission stated in the application that Wilson García-Asto and Urcesino Ramírez-Rojas were detained in 1995 and 1991, respectively, by the Peruvian National Police (hereinafter “PNP” or the “National Police”) without an arrest warrant and without being in flagrante delicto. The suspects were held incommunicado and the investigation, prosecution, and trial were conducted by “faceless” prosecutors and judges under the provisions of Decree-Law No. 25.475 of May 5, 1992, and with serious restrictions and restraints to exercise their right to defense. The Commission stated that the alleged victims, in light of illegally obtained evidence and unduly weighed and assessed evidentiary items offered by the defense, were sentenced to twenty and twenty-five years’ imprisonment, respectively, as alleged "perpetrators of the crime of terrorism.” Wilson García-Asto was convicted of the crime of “terrorism” under Articles 4 and 5 of Decree-Law No. 25.475 by judgment delivered on April 18, 1996, and affirmed on July 14, 1997. Urcesino Ramírez-Rojas was convicted of the crime of “terrorism” under Articles 319 and 320 of the Criminal Code of 1991 by judgment delivered on September 30, 1994, and affirmed on August 24, 1999. 4. Furthermore, the Commission referred to judgment of January 3, 2003 delivered by the Constitutional Court of Peru on the constitutionality and unconstitutionality of certain provisions of antiterrorist laws in force in Peru. Pursuant to the foregoing, the Commission asserted that the State issued Legislative Decrees Nos. 921 to 927 in February 2003, vacating the condemnatory judgments, the prosecution's case and certain aspects of the proceedings instituted against Wilson García-Asto and Urcesino Ramírez-Rojas. Nevertheless, the Commission considered that some of the violations committed in the first trial still persisted in the new proceedings and stated that, even though the State had amended antiterrorist laws as from 2003, in the instant case said amendments “ha[d] not redressed the violations suffered by the [alleged] victims, but rather ha[d] made them to prevail.” Moreover, the Commission pointed out in the application that “Wilson García-Asto and Urcesino Ramírez-Rojas ha[d] been held in custody since their detention, that is, for nine and thirteen years, respectively.” 3 5. Lastly, the Commission requested the Court that, under Article 63(1) of the Convention, order the State to adopt various pecuniary and non pecuniary reparation measures, and pay the costs and expenses arising from the proceeding of the instant case before the domestic courts and the Inter-American System for the Protection of Human Rights. II COMPETENCE 6. The Court has jurisdiction to hear the instant case pursuant to Articles 62 and 63(1) of the American Convention, as Peru has been a State Party to the Convention since July 28, 1978 and accepted the contentious jurisdiction of the Court on January 21, 1981. III PROCEEDING BEFORE THE COMMISSION 7. On November 9, 1998, Celia Asto-Urbano, Wilson García-Asto’s mother, filed a petition against the State of Peru before the Inter-American Commission, which was later supplemented by briefs of May 24, 1999; September 8, 1999; and October 29, 1999. On April 30, 2002, the Commission, in accordance with its Rules of Procedure, processed the application under No. 482/1998 VL and requested the State to furnish any pertinent information. 8. On November 12, 1998, Pedro Ramírez-Rojas, Urcesino Ramírez-Rojas’ brother, filed a petition against the State of Peru before the Inter-American Commission, which was later supplemented by brief of May 18, 2001. On August 28, 2002 the Commission processed the application under No. 479/1998 VL and requested the State to furnish any pertinent information. 9. On April 4, 2002 the Commission, at the request of Wilson García-Asto’s mother, Celia Asto-Urbano, adopted precautionary measures on behalf of her son and requested the State to take measures so that Mr. García-Asto undergo a medical examination and, in the event of an unfavorable diagnosis, he be provided with medical treatment. 10. On January 9, 2003, the Commission ordered that the case of Wilson García- Asto be opened under number 12.413 and admissibility issues be addressed during the discussions and the judgment on the merits. 11. On July 08, 2003, the Commission ordered that the case of Urcesino Ramírez- Rojas be opened under number 12.423 and admissibility issues be addressed during the discussions and the judgment on the merits. 4 12. On August 14, 2003, the Commission ordered the joinder of the cases of Wilson García-Asto and Urcesino Ramírez-Rojas into case file No. 12.413. 13. On March 11, 2004, the Inter-American Commission approved Report on admissibility and merits No. 27/04. In said report, the Commission concluded that it had “jurisdiction to hear the instant case and that the petition [was] admissible.” Furthermore, it considered that the State should adopt the following recommendations: 1. According to the provisions of its domestic legislation, to adopt all such measures as may be necessary to redress in full the violations of the human rights of Wilson García-Asto and Urcesino Ramírez-Rojas as described in the […] report, in particular, to deliver a new judgment in full compliance with the rule of freedom from ex post facto laws, that cannot be in any way violated by discretionary and flexible judicial interpretations of criminal laws, and with due process and fair trial rules. 2. To adopt all such measures as may be necessary to amend Decree-Law No. 25.475 in order to bring its provisions in line with the American Convention on Human Rights. 14. On March 22, 2004, the Commission sent the report on admissibility and merits to the State, granting it a term of two months to inform about the measures adopted in compliance with the recommendations set forth therein. The State failed to submit an answer thereto. 15. On June 20, 2004, as a result of the State’s failure to comply with the recommendations included in the report approved under Article 50 of the Convention, the Commission decided to submit the case to the Court. IV PROCEEDING BEFORE THE COURT 16. On June 22, 2004, the Inter-American Commission filed an application before the Court (supra para. 1), attaching documentary evidence thereto, and offering to submit testimonies of witnesses and expert witnesses as further evidence. The Commission appointed Freddy Gutiérrez, Florentín Meléndez, and Santiago Canton as delegates, and Ariel Dulitzky, Pedro E. Díaz, Manuela Cuvi, and Lilly Ching as legal counsels. 17. On August 5, 2004, in compliance with Article 35(1)(e) of the Rules of Procedure, the Secretariat of the Court (hereinafter “the Secretariat”), after a preliminary examination of the application by the President of the Court (hereinafter “the President”), served said application and the appendixes thereto on the representatives of the alleged victims and their next of kin (hereinafter “the representatives”) and notified them of the term within which they were to submit a brief with their requests, arguments, and evidence (hereinafter “brief of requests and arguments”).
Load more

Recommended publications
  • Indigenous Resistance Movements in the Peruvian Amazon
    City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 2-2018 The Production of Space: Indigenous Resistance Movements in the Peruvian Amazon Christian Calienes The Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/2526 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] THE PRODUCTION OF SPACE Indigenous Resistance Movements in the Peruvian Amazon By Christian Calienes A dissertation submitted to the Graduate Faculty in Earth and Environmental Sciences in partial fulfillment of the requirements for the degree of Doctor of Philosophy, The City University of New York 2018 i © 2018 CHRISTIAN CALIENES All Rights Reserved ii The Production of Space: Indigenous Resistance Movements in the Peruvian Amazon by Christian Calienes This manuscript has been read and accepted for the Graduate Faculty in Earth & Environmental Sciences in satisfaction of the dissertation requirement for the degree of Doctor of Philosophy. Date Inés Miyares Chair of Examining Committee Date Cindi Katz Executive Officer Supervisory Committee: Inés Miyares Thomas Angotti Mark Ungar THE CITY UNIVERSITY OF NEW YORK iii ABSTRACT The Production of Space: Indigenous Resistance Movements in the Peruvian Amazon By Christian Calienes Advisor: Inés Miyares The resistance movement that resulted in the Baguazo in the northern Peruvian Amazon in 2009 was the culmination of a series of social, economic, political and spatial processes that reflected the Peruvian nation’s engagement with global capitalism and democratic consolidation after decades of crippling instability and chaos.
    [Show full text]
  • POLITICAL ECONOMY ANALYSIS of ENVIRONMENTAL CRIMES in PERU Preventing Illegal Gold Mining, Timber and Wildlife Trafficking in Loreto, Ucayali, and Madre De Dios
    POLITICAL ECONOMY ANALYSIS OF ENVIRONMENTAL CRIMES IN PERU Preventing Illegal Gold Mining, Timber and Wildlife Trafficking in Loreto, Ucayali, and Madre de Dios This publication was produced by the PREVENT Activity (formerly Combatting Environmental Crimes) under Task Order No. 72052719F00002 at the request of the United States Agency for International Development. This document is made possible by the support of the American people through the United States Agency for International Development. Its contents are the sole responsibility of the authors and do not necessarily reflect the views of USAID or the U.S. Government. USAID PERU - PREVENT ACTIVITY APPLIED POLITICAL ECONOMY ASSESSMENT Program Title: Prevent USAID Office: USAID/Peru Environment & Sustainable Growth Office Task Order Number: 7205271900002 Contractor: DAI Global, LLC Submitted: September 15, 2020 Authors: Thomas Moore and Claudia D’Andrea Chief of Party: Patrick Wieland CONTENTS EXECUTIVE SUMMARY 1 INTRODUCTION 6 PURPOSE OF APEA ON ENVIRONMENTAL CRIMES 6 METHODOLOGY 7 STAKEHOLDERS 7 RESEARCH LIMITATIONS 9 GENDER EQUITY AND SOCIAL INCLUSION 10 USAID’S APEA FRAMEWORK 13 DETAILED FINDINGS AND ANALYSIS 14 FOUNDATIONAL FACTORS 14 RULES OF THE GAME 23 THE HERE AND NOW 37 DYNAMICS 46 KEY RECOMMENDATIONS 49 SUMMARY OF KEY PEA FINDINGS AND RECOMMENDATIONS 51 TABLE OF KEY FINDINGS AND RECOMMENDATIONS 52 CONCLUSIONS 55 ACRONYMS ACCA Amazon Basin Conservation Association AIDESEP Inter-ethnic Association for the Development of the Peruvian Amazon APEA Applied Political Economy Assessment
    [Show full text]
  • Tragadero Grande: Land, Human Rights, and International Standards in the Conflict Between the Chaupe Family and Minera Yanacocha
    Tragadero Grande: Land, human rights, and international standards in the conflict between the Chaupe family and Minera Yanacocha Report of the Independent Fact Finding Mission 28 September 2016 Mission team Tim Martin, Mission Director and Team Leader Miguel Cervantes Rodriguez, Team Member Myriam Méndez-Montalvo, Team Member Contributing author Prof. Deanna Kemp, Centre for Social Responsibility in Mining, The University of Queensland Mission website http://www.resolv.org/site-yiffm/ ii Key terms adobe house Traditional Peruvian house with walls made of a dried mixture of mud and straw, often combined with a wood frame, windows, doors and rafters. aggravated usurpation According to article 202 of the Peruvian Criminal Code, aggravated usurpation is committed when a person dispossesses another by taking the whole or part of another’s property. It includes destroying or altering boundaries, violence, threat, fraud or acts that disturb the owner’s possession or a possessor’s use of a property. campesino A peasant farmer or person living in a rural area. Campesino Community Peru’s General Law of Campesino Communities, Law No. 24656 of 1987, recognizes these communities as legal organizations, composed of families who inhabit and control defined territories, linked by ancestral, social, economic and cultural ties. choza A thatch hut widely used by campesinos in the Andean highlands of Peru. Made of local grasses, these huts provide temporary shelter for individuals or families while on the land. communal land Communal Land is the inalienable property of Campesino Communities. Communities regulate access to land by their members. According to the Law N° 26505, communal land can only be sold to a private entity by prior approval of at least two-thirds of qualified community members in a General Assembly convened explicitly for that purpose.
    [Show full text]
  • State Communications Surveillance and the Protection of Fundamental Rights in Peru
    State Communications Surveillance and the Protection of Fundamental Rights in Peru By Miguel Morachimo in collaboration with Katitza Rodríguez July 2016 1 Miguel Morachimo is a lawyer from the Pontifical Catholic University of Peru and the director of the nonprofit Hiperderecho, a Peruvian civil organization devoted to facilitating public understanding, research, promotion, and observance of human rights and freedoms in the digital world. This report was written in alliance with the Electronic Frontier Foundation (EFF), an international non-profit organization that has been defending freedom of expression and privacy in the digital world since 1990. We would like to thank Katitza Rodríguez, EFF's international rights director, for leading a substantial revision of this report; and Kim Carlson and David Bogado of EFF for their copyediting and formatting contributions. This report is part of a larger regional project called “Surveillance and Human Rights” that is being conducted in eight Latin American countries by EFF. “State Communications Surveillance and Protection of Fundamental Rights in Peru” by Hiperderecho and the Electronic Frontier Foundation is available under the Creative Commons Attribution 4.0 International License. 2 Table of Contents Introduction............................................................................................................................. 4 I. What is State Communications Surveillance?...................................................................... 6 I.1. State Communications Surveillance
    [Show full text]
  • Tackling Corruption in Peru, 2011–2014 Synopsis
    BATTTLING A CANCER: TACKLING CORRUPTION IN PERU, 2011–2014 SYNOPSIS From 2000 to 2009, Peru’s justice system successfully prosecuted former president Alberto Fujimori and other high-level public officials for acts of corruption committed during the previous decade. But the country’s judicial institutions struggled to curb newer corruption networks that were operating with impunity throughout the country. Because the networks had penetrated the justice system itself, it was increasingly difficult to prosecute—let alone convict—people who had participated in briberies, kickbacks, or other schemes. In the 2011 presidential election, Ollanta Humala, whose campaign slogan was “Honesty Makes a Difference,” captured 51% of the vote and gave a boost to reformers within the country’s legal institutions. Humala joined the Open Government Partnership, strengthened Peru’s anticorruption commission, and brought together top leaders from the country’s judicial and legal institutions to improve the government’s response to corruption. In 2012, the comptroller general, the public prosecutor (attorney general), and the president of the judiciary created a new subsystem to bring to trial those officials accused of corruption. They created a new prosecutorial team and designated a specialized chamber to hear the most-complex corruption cases. At the same time, the Ministry of Justice and Human Rights strengthened its capacity to investigate and bring to trial cases involving the misuse of public resources. By 2015, several cases were in preparation, nearing trial. The fight against corruption in Peru continued to face many obstacles, however, including the perception that anticorruption efforts had lost top-level support. Blair Cameron drafted this case study based on interviews conducted in Peru in August 2015.
    [Show full text]
  • Pérez-León Acevedo Final
    Reparations and Prosecutions after Serious Human Rights Violations: Two Pending Issues in Peru’s Transitional Justice Agenda Juan Pablo Pérez-León Acevedo 22 March 2010 Peru’s internal armed conflict lasted twenty years (1980-2000). The Truth and Reconciliation Commission (TRC)1 found that 69,280 people were killed in hostilities between, on the one hand, the Maoist movement, the Shining Path, and the leftist Túpac Amaru Revolutionary Movement, and, on the other, the armed forces and self-defence committees. The rural population was the most severely affected as rural inhabitants accounted for 79% of the fatalities, of whom 75% spoke Quechua or another indigenous language, and 56% came from areas with economies oriented towards agriculture. The TRC attributed 55.5% of crimes to non-State actors, especially the Shining Path. The remaining 44.5% fell under actions conducted by State armed forces and self-defence committees. This essay will provide an overview of the Peruvian process of reparations and prosecutions after serious human rights violations, focusing on aspects yet to be implemented. I argue that the current legislative framework, along with practical resource conditions, are either undermining or even blocking the potential of prosecutions and reparations – in the form of accountability and redress respectively - to consolidate transitional justice in Peru. I have focused on reparations and prosecutions since they were extensively recommended and perceived by the TRC as being crucial to fulfil the transitional justice and reconciliation efforts that the TRC initiated. Additionally, many Peruvians consider the fight against impunity as crucial; indeed reparations and prosecutions are understood as intertwined in the struggle for transitional justice in Peru.
    [Show full text]
  • October 15, 2018 Secretariat of the Committee Against Torture Human
    October 15, 2018 Carta N° 403-2018 Secretariat of the Committee against Torture Human Rights Treaties Division Office of the High Commissioner for Human Rights Palais Wilson – 52, rue des Pâquis CH-1201 Geneva (Switzerland) Re: Alternative Report on the Seventh Periodic Report Submitted by the Peruvian State To Whom It May Concern: The Center for the Promotion and Defense of Sexual and Reproductive Rights (PROMSEX), a feminist non- governmental organization comprising men and women seeking to contribute to the validity of the integrity and dignity of people on the access to sexual and reproductive health, justice and human security, provides additional information to the seventh periodic report submitted by the Peruvian State for its evaluation during the 65th Session of the Committee Against Torture, which will be held from November 12 to December 7, 2018 in Geneva. This report aims to provide relevant and updated information regarding sexual and reproductive rights in Peru and the situation of LGBTI persons, in connection with Articles 12, 13 and 16, with special emphasis on: a) Prosecution in cases of torture of LGBTI persons; b) Discriminatory public policies against LGBTI persons; c) Inadequate implementation of the Therapeutic Abortion Protocol; d) Forced pregnancy in girls and adolescents; and e) Criminalization of abortion in cases of rape. The report contains recommendations with respect to each of the issues presented, to be considered by the Committee, both at the time of the evaluation hearing scheduled for the 65th session, and when it issues its Final Observations. I. Articles 12 and 13 Lack of official information 1.
    [Show full text]
  • CIVIL COURTS COPING with COVID-19 Krans & Nylund (Eds.) Dr University Dr University 8
    CIVIL COURTS COPING Bart Krans & Anna Nylund (Eds.) CIVIL COURTS WITH COVID-19 COPING WITH Krans & Nylund (Eds.) COVID-19 CIVIL COURTS COPING The unforeseen Covid-19 pandemic has propelled, and continues to propel, unprecedented transformations to civil proceedings and the landscape in which they operate. Courts have proven to be creative and innovative in their responses to the pandemic, and in their ability to implement digitisation of paperwork and remote hearings. This book contains a comparative study of how courts in 23 countries have coped with the pandemic, addressing selected innovations and adaptations to court proceedings, factors facilitating and impeding the digital leap, and new concerns that new technology and the pandemic engenders. The authors discuss the implications of digitisation, such as ensuring equal access to courts, novel issues concerning fair trial rights in remote proceedings, the role of alternative WITH dispute resolution during the pandemic, and the roots of resistance to digitisation. Several contributions also address whether and how innovations during the pandemic may transform civil litigation in the future. COVID-19 About the editors Bart Krans is full professor at Leiden University, the Netherlands, where he holds the chair of private law and civil procedure law. His main research areas are civil procedure law and contract law. Anna Nylund is full professor of law at University of Krans & Nylund (Eds.) Tromsø – The Arctic University of Norway (jur. dr University of Helsinki). Her main research interests are national, comparative, and European civil procedure and alternative dispute resolution. ISBN 978-94-6236-204-8 9789462 362048 Civil Courts Coping with Covid-19 Civil Courts Coping with Covid-19 Bart Krans and Anna Nylund (Eds.) Published, sold and distributed by Eleven International Publishing P.O.
    [Show full text]
  • Terror at the Emperor's Birthday Party: an Analysis of the Hostage-Taking Incident at the Japanese Embassy in Lima, Peru Dr
    Penn State International Law Review Volume 16 Article 2 Number 1 Dickinson Journal of International Law 9-1-1997 Terror at the Emperor's Birthday Party: An Analysis of the Hostage-Taking Incident at the Japanese Embassy in Lima, Peru Dr. Ranee K.L. Panjabi Follow this and additional works at: http://elibrary.law.psu.edu/psilr Part of the Comparative and Foreign Law Commons, Criminal Law Commons, and the International Law Commons Recommended Citation Panjabi, Dr. Ranee K.L. (1997) "Terror at the Emperor's Birthday Party: An Analysis of the Hostage-Taking Incident at the Japanese Embassy in Lima, Peru," Penn State International Law Review: Vol. 16: No. 1, Article 2. Available at: http://elibrary.law.psu.edu/psilr/vol16/iss1/2 This Article is brought to you for free and open access by Penn State Law eLibrary. It has been accepted for inclusion in Penn State International Law Review by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. I Articles I Terror at the Emperor's Birthday Party: An Analysis of the Hostage- Taking Incident at the Japanese Embassy in Lima, Peru. Dr. Ranee K. L. Panjabi* I. Introduction Does the end ever justify the means? This question confronts and haunts the student of modem terrorism and revolution. In the first part of this century, Mahatma Gandhi, leading India in a non- violent struggle against British imperial rule, argued eloquently that violent means are never justifiable, no matter how noble the end. He convinced Indians to struggle for independence non-violently on the basis that "[t]ruth never damages a cause that is just."1 Leading this unique revolution, Gandhi provided a moral founda- * The author holds a law degree with Honors from the University of London (England) and teaches History and Human Rights at Memorial University of Newfoundland, Canada.
    [Show full text]
  • REPORT Nº 48/00 CASE 11.166 WALTER HUMBERTO VÁSQUEZ VEJARANO PERU April 13, 2000
    REPORT Nº 48/00 CASE 11.166 WALTER HUMBERTO VÁSQUEZ VEJARANO PERU April 13, 2000 I. SUMMARY 1. The complaint which is the subject of this report was presented to the Inter-American Commission on Human Rights (hereinafter the Commission) on April 26, 1993. It states that on April 9, 1992, Alberto Fujimori, President of the Republic of Peru (hereinafter "the Peruvian State," "the State," or "Peru"), issued Decree-Law 25.423 (hereinafter the Dismissal Decree) removing Dr. Walter Humberto Vásquez Vejarano (and twelve other justices),[1] from their posts as justices or magistrates of Peru's Supreme Court of Justice. The petitioner alleges that by promulgating and implementing the aforesaid Decree Law, the Peruvian State violated the rights and guarantees to which Dr. Walter Humberto Vásquez Vejarano was entitled pursuant to Article 8 (Judicial Guarantees); Article 9 (the Principle of Legality and Freedom from ex post facto laws); Article 23 (Right to Participate in Government); and Article 25 (Judicial Protection) of the American Convention on Human Rights (hereinafter “the Convention”) II. PROCEEDINGS BEFORE THE COMMISSION A. Processing of the petition 2. On June 2, 1993, the Executive Secretariat forwarded the relevant sections of the petition to the Peruvian State, which gave its response on September 13, 1993. 3. On October 4, 1993, the Secretariat received a second communication from the Peruvian State, conveying additional background details about the case. On December 27, 1993, the Secretariat received a communication from the petitioner rebutting point by point each of the arguments presented by the State. On June 2, 1994, the Secretariat received a note from the Peruvian State dated May 31, 1994, responding to the petitioner's arguments.
    [Show full text]
  • Annual Report 2007
    Annual Report 2007 I. JUSTICE REFORM IN THE AMERICAS 1. General Promotion of Judicial Reform in the Region 1.1. Inter-American Seminars FILE N° 1/07 V International Seminar on Judicial Management: Modern Tools for Improving Judicial Management Objective: To analyze implementation and monitoring strategies and the potential impacts of results- and incentives-oriented planning and budgets in justice sector institutions based on theoretical developments and practical experiences in public management. Also, to analyze perspectives on the use and potential impacts on productivity and practical changes of the effective incorporation of modern information communications technology tools in judicial management in Latin American countries. Finally, to explore and evaluate the steps to be taken to develop a strategy for implementing the uses of information and communications technology based on practical experiences and theoretical developments at the global level in public and private management. Location: Lima, Peru (October 10 and 11) Funding source: World Bank Program to Improve Justice Services (Peru) Local counterpart: Supreme Court of Peru Products: Website with seminar objectives, justification, program and other related details: www.cejamericas.org Impact or Results: The event was attended by 450 people from countries around the region including high- ranking judicial officials from Peru and other nations. Various media outlets covered the seminar. FILE N° 2/07 International Seminar “Best Practices in New Latin American Criminal Procedure Systems” Objectives: To analyze the criminal procedure reforms implemented in the region, particularly innovative ideas about internal and extra-institutional management of judicial branches, prosecution services and public defense services and coordination of these institutions with police agencies.
    [Show full text]
  • Image of Power Power of an Image REPORT on PRESIDENTIAL APPROVAL RATINGS in LATIN AMERICA MARCH-APRIL 2021 IMAGE of POWER
    MAY 2021 Image of power Power of an image REPORT ON PRESIDENTIAL APPROVAL RATINGS IN LATIN AMERICA MARCH-APRIL 2021 IMAGE OF POWER. POWER OF AN IMAGE Executive summary A second wave of the pandemic has battered reform (the third) promoted by the the continent in the last two months government of Iván Duque and with reignited prompting record numbers of infections and demands for what are seen as long-overdue deaths, with Brazil, Colombia, Peru and police reforms. Argentina among the most affected. Even Uruguay – held up as an example to follow There is still no data enabling us to describe having kept the pandemic at bay until the end or forecast how the rioting and the police’s of last year – at one point led the world in per response to it will impact on the popularity of capita deaths from Covid-19. Chile has also the President, which in April dropped to 35%. been hard hit, despite more of its people being That level of approval is similar to that he had fully vaccinated than in any other country bar after the countrywide strike action of Israel. 2019/20, although Duque’s average for the past two months is higher than on that On the issue of vaccine rollout, Chile, and occasion. Uruguay, which has also come far on this, are clear exceptions to the norm in the region. On the other hand, the Presidents of Generally, Latin American countries have Argentina, Ecuador, Costa Rica and Uruguay – struggled to acquire vaccines, leading to the all of whose popularity had slipped in the proportions of those receiving one jab or more previous two-month period – have seen their being lower than 1% for Honduras, Guatemala approval ratings level off.
    [Show full text]