Friday, September 10, 2010

Preoccupation in the human rights community for Peruvian Executive order

The Executive order 1097 can be dowloaded over the following website:
http://www.scribd.com/doc/36912578/Decreto-legislativo-1097
It refers to procedural norms to be applied to crimes that constitute human rights violations. The most problematic issue appears to be article 6 of the Order, that includes the following text that permits a court to issue a "partial dismissal decision to the benefit of anyone facing charges whose case has suffered an excessively long investigation"
The main concern is the application of this provision to investigation of human rights violations.
The history of investigation of human rights violations in Peru had already received significative attention in the Inter-American System of Protection, that is, by the Inter-American Commission on Human Rights and the Inter-American Court. The Case Barrios Altos of 2001 dealt specially with provisions that could amount to an amnesty. You can read it following this link:
http://www.corteidh.or.cr/docs/casos/articulos/seriec_75_ing.pdf
In the light of this case, further jurisprudence and the treaty obligations binding Peru, the Inter-American Commission has reacted requesting the Peruvian authorities to adopt the necessary measures as to avoid that human rights violations in this country are impune.

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