Jen Moore v. Minister of the Interior of Peru et al (Amicus Curiae Brief)

Abstract

This amicus curiae brief offers international law analysis to the Primer Juzgado Penal con Reos Libres in Cuzco Peru in relation to the Court’s consideration of Canadian citizen Jennifer Moore’s habeas corpus claim against the Ministry of the Interior, the Peruvian National Police (PNP), the PNP’s Department of State Security of Cusco, and the Cusco Regional Headquarters of the Superintendent of National Migration.

The amicus curiae brief elaborates on the instruments of international law and policy that are relevant to the human rights aspects of Moore’s claim. It begins with a review of the official documents pertaining to the actions of the Defendants to apprehend Moore and subsequently prohibit her from re-entering Peru. On the basis of the information reviewed, we conclude that the actions and decisions of the Defendants violate the rights to free expression (Article 13), free association (Article 16) and free mobility (Article 22) as protected by the American Convention on Human Rights. Additionally, we note that the Defendants’ rationale for the ban on Moore in the circumstances of this case has the potential to adversely affect the human rights of anyone who visits Peru on a tourist visa and shares information or expresses views that are critical of the PNP or foreign mining companies. This highlights the international importance of this case.