The American Convention on Human Rights (OAS, 1969) was ratified by the Peruvian State through the Political Constitution of Peru of 1979, in the Sixteenth of its General and Transitory Provisions. This ratification expressly included Articles 45 and 62, referring to the competence of the Inter-American Commission on Human Rights …
On October 21, 1990, Ernesto Castillo Paez, a young university student, was detained by members of the National Police. Although the Habeas Corpus had been favorably resolved in two instances, on February 7, 1991, the Supreme Court of Justice declared the decision null and void. Faced with this situation of …
Decree Law No. 25708, enacted on September 10, 1992, established the procedural rules for the crime of treason. This norm was part of the set of anti-terrorist legislation enacted after the coup d'état of April 1992. The decree was part of a legislative scheme that granted broad powers to police …
The Constitutional Court declared inadmissible the action of unconstitutionality filed against amnesty laws 26479 and 26492, considering that their effects had already been exhausted. This decision consolidated the impunity granted by the amnesty laws and was later contradicted by the Inter-American Court of Human Rights, which would declare such laws …
The Inter-American Court of Human Rights condemned the Peruvian State for the detention and disappearance of Ernesto Castillo-Páez, affirming that Articles 4 (right to life), 5 (right to personal integrity), 7 (right to personal liberty) and 25 (judicial protection) of the American Convention, all in relation to Article 1, paragraph …
On November 3, 1997, the Inter-American Court of Human Rights issued a judgment in the Ernesto Castillo-Páez case, ruling that Peru violated the right to life, liberty and personal integrity, judicial protection and failed to comply with its obligations to respect and guarantee the rights of Ernesto Castillo-Páez, who had …
On May 30, 1999, the Inter-American Court of Human Rights issued a decision on the complaint filed by Chilean citizens who were members of the MRTA. The Court established that their right to due process had been violated in the proceedings against them in Peru, and ordered a new trial …
The Inter-American Court of Human Rights issued a judgment in the Cantoral Benavides Case on August 18, 2000. In this judgment, the Court established that the criminal offense of treason violates the principle of legality, considered the cornerstone of the rule of law and a structural principle of criminal law. …
On March 14, 2001, the Inter-American Court of Human Rights ruled against the Peruvian laws of 'Auto-amnistía' No. 26475 and No. 26492, which had previously allowed the release of members of the 'Destacamento Colina' involved in human rights violations. The court declared these laws incompatible with the American Convention on …
The Inter-American Court of Human Rights issued a landmark judgment in the Barrios Altos case, declaring that the amnesty laws enacted in Peru lack legal effect because they are incompatible with the American Convention. The judgment established that amnesty, statutes of limitation and exclusion of liability provisions that seek to …
On March 14, 2001, the Inter-American Court of Human Rights ruled on the incompatibility of self-amnesty laws No. 26475 and No. 26492 in the Barrios Altos case. The Court qualified these laws as self-amnesty laws, stating that they lead to the defenselessness of the victims and the perpetuation of impunity, …
On March 14, 2001, the Inter-American Court of Human Rights issued a judgment in the Barrios Altos case, declaring that amnesty laws 26479 and 26492 are incompatible with the American Convention on Human Rights and have no legal effect. The Peruvian State recognized its international responsibility for violation of the …
On March 24, 2001, in compliance with the sentence of the Inter-American Court of Human Rights, the 1st Corporate Criminal Court annulled the resolution to file the Barrios Altos case issued in 1995 by the 11th Criminal Court of the Superior Court of Lima. It was ordered that the 16th …
As a consequence of the mandate of the Inter-American Court of Human Rights, Prosecutor Miguel Angel Vega Vaccaro of the 37th Provincial Criminal Prosecutor's Office of Lima filed a criminal complaint against Commander Juan Mejía León and 15 other officers for the crime of kidnapping of Ernesto Castillo Páez. The …
The Inter-American Court of Human Rights issued an interpretive judgment on the Barrios Altos case, clarifying central aspects of its previous merits judgment of March 14, 2001. The Court unanimously decided that the judgment on the merits in the Barrios Altos case has general effects. This judgment established that amnesty …
In 2002, in response to the rulings of the Inter-American Court of Human Rights on due process violations in Peru, the Constitutional Court declared null and void a large part of the so-called anti-terrorist legislation enacted by the government of former President Alberto Fujimori. As a result, the Peruvian State …
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