Ideeleradio .- The decision of the Constitutional Tribunal (TC) that declared unconstitutional in part the Legislative Decree 1097 and noting the applicability of crimes against humanity is binding and, therefore applies to Case El Fronton, said Carlos Rivera Paz, Deputy Director of Instituto de Defensa Legal (IDL).
"[How the Constitutional Court's argument is clear that the case does not prescribe El Fronton?] Indeed, The Constitutional Court said that what we have to put forward is the nature of the crime, not necessarily the legal qualification or limitation period laid down by national law and consequently that this ruling stands, "said the program No Ideeleradio right.
"The case of El Fronton is a crime committed in 86 and set the rating that deserves legal in Peru is that of a murder. If you just consider it a criminal offense, would have required in 2006, but against international law and against the jurisprudence of international tribunals, this crime is not a common crime, but against humanity, "he added.
failure to reconcile human rights TC
In this regard, said that this decision marks a reconciliation in human rights with the Constitutional Court and decide a false debate that had been installed following the enactment of Legislative Decree 1097.
"That means not only the victims and summarily executed are the direct victims, but is all of humanity, for the horrendous way that has committed this criminal event. That the State has the obligation and duty to prosecute perpetrators of this criminal event. That's what sets the TC "he said.
Rivera Paz recalled that mistakenly noted that the serious human rights violations perpetrated in the eighties, such as forced disappearances, extrajudicial executions and rape did not constitute crimes against humanity. He said such crimes are barred and the condition that the state should pursue a permanent basis.
"Although in 68, gives the United Nations Convention on the applicability of crimes against humanity, the argument that was used is that Peru's newly ratified in 2003. Under this argument says that in Peru there crimes against humanity, but from 2003 onwards, ignoring the international law, jurisprudence and a series of international criminal tribunals established categorically that no matter the date of have committed these horrendous acts, but the nature of this criminal event, "he said.
Cabitos Case Accomarca and should not be declared prescribed
Accomarca He said that the case where 69 peasants were killed and the missing in the barracks Los Cabitos not have to be declared prescribed. In this regard, said he expected to be resolved definitively claim that has been the perpetrators in these cases be filed.
"There is an obligation of a democratic state to prosecute these criminal events and to know the truth. One of the deepest expectations of the families of the victims is that justice is done and to punish whom it may concern, "he said.
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