The Inter -American Court of Human Rights ratified the resolution of urgent measures in cases neighborhoods and the Cantutawhich points out that the amnesty law for those prosecuted and convicted of deaths, disappearances and torture committed between 1980 and 2000, is inapplicable because it violates the American Convention, of which Peru is part. It urges the State and, especially to the judges not to grant said benefit until the supranational court is pronounced by the underlying issue.
In the resolution notified today both to the State and to the lawyers of the victims, the Plenary of the IdH Court adds to the resolution adopted by its president on July 24 last “in relation to That the competent authorities refrain from apply that are without a final sentence for facts linked to the fight against terrorism in the period 1980-2000 ‘, so that it does not take legal effects until the Court is pronounced on the fund of the request for expansion of the provisional measures, which will be done in a subsequent resolution. “
Likewise, the supranational court specifies that The State as a whole, which includes its different bodies and justice operatorsand the various courts to which requests reaching the aforementioned amnesty norm, They must exercise conventionality control and refrain from granting it until the Court is pronounced in a resolution that will give later.
It should be remembered that this pronouncement occurs within the framework of the supervision of compliance, the crimes of Altos and La Cantuta, committed by the Military Detachment Colina in November 1991 and July 1992, respectively.
Law against humanity
In addition, the IDH Court remarked that the provisional measures of July 1, 2024 are still in force, in which it was resolved “[r]Equerir to the state of Peru that […] take the necessary actions so that […] They are left without effect or no validity is granted to [Ley N° 32.107] which provides for the prescription of the crimes against humanity perpetrated in Peru ”.
Precisely, at that time the SuppranacionSl court ordered Peru that through its three powers – executive, legislative and judicial – take the necessary actions so that the prescription of the crimes against perpetrated humanity is not approved, since in the sentences of the high neighborhoods and the Cantuta its inapplication is established in order to guarantee the right of access to the justice of the victims.
Although the Court IDH remarked that if the then bill No. 6901/2023-CR was formalized, “a serious breach would be configured by Peru with respect to what is ordered in the sentences of both cases, by making an illusory access to the justice of the victims”, three days later, the congress approved it in the second vote, and subsequently was promulgated by President Dina Boluarte
