Ombudsman's Report No. 66: WHO JUDGES WHAT? Military Justice vs. Ordinary Justice

The human rights treaties signed by Peru are of singular importance for the configuration of the criminal justice system, since they form part of domestic law and carry constitutional rank, in accordance with the provisions of Article 55 and the Fourth Final and Transitory Provision of the Constitution. Summary Presentation 1. Introduction 2. The pre-constitutional nature of the current model of military justice. 3. Military justice in the Constitutions of 1979 and 1993. 4. The functional offense as a rule for assigning jurisdiction to military justice 5. The military functional offense in the jurisprudence of the Inter-American Court and the Constitutional Court 6. Military justice generates an unconstitutional state of affairs 7. The Supreme Court's decision in the jurisdictional dispute in the Chavín de Huántar case 8. Military justice and the Leonor La Rosa case 9. Conclusions 10. Recommendations