Inter-American Court of Human Rights
Case of the Constitutional Court v. Peru
Judgment of January 31, 2001
(Merits, Reparations and Costs)
In the Constitutional Court case,
The Inter-American Court of Human Rights (hereinafter “the Court” or “the InterAmerican Court”) composed of the following judges:
Antônio A. Cançado Trindade, President
Máximo Pacheco Gómez, Vice President
Hernán Salgado Pesantes, Judge
Oliver Jackman, Judge
Alirio Abreu Burelli, Judge
Sergio García Ramírez, Judge and
Carlos Vicente de Roux Rengifo, Judge;
also present,
Manuel E. Ventura Robles, Secretary and
Renzo Pomi, Deputy Secretary
pursuant to Articles 29 and 55 of the Rules of Procedure of the Court (hereinafter
“the Rules of Procedure”), delivers the following judgment in the instant case.
I
INTRODUCTION OF THE CASE
1.
On July 2, 1999, in application of the provisions of Articles 50 and 51 of the
American Convention on Human Rights (hereinafter “the Convention” or “the
American Convention”), the Inter-American Commission on Human Rights
(hereinafter “the Commission” or the Inter-American Commission”) filed an
application before the Court against the Republic of Peru (hereinafter “the State” or
“Peru”), arising from petition number 11,760, which the Secretariat of the
Commission had received on June 2, 1997.
2.
The Commission stated that the purpose of the application was for the Court
to decide whether the State had violated Articles 8(1) and 8(2)(b), c), d) and f)
(Right to a Fair Trial), 23(1)(c) (Right to Participate in Government) and 25(1)
(Right to Judicial Protection) of the American Convention, in relation to Articles 1(1)
(Obligation to Respect Rights) and 2 (Domestic Legal Effects) of the Convention,
with regard to Manuel Aguirre Roca, Guillermo Rey Terry and Delia Revoredo
Marsano, justices of the Constitutional Court of Peru. It also requested the Court to
require Peru to “make integral and adequate reparation” to the said justices and
reinstate them in the exercise of their functions, and arrange for the annulment of