Case of Barrios Altos and La Cantuta v. Peru

113 American Journal of International Law 568 (2019)

Rutgers Law School Research Paper

9 Pages Posted: 14 May 2019 Last revised: 15 Nov 2019

See all articles by Jorge Contesse

Jorge Contesse

Rutgers Law School; Université Paris 1 Panthéon-Sorbonne

Date Written: May 9, 2019

Abstract

On May 30, 2018, the Inter-American Court of Human Rights ordered Peru to review the presidential pardon granted to former president and dictator Alberto Fujimori, who had been convicted and imprisoned for his role in serious human rights violations. The Peruvian Supreme Court obliged and, after examining the merits of the presidential pardon through a special procedure set up to assess the pardon’s conformity with international human rights law, invalidated the pardon, effectively reinstating Fujimori’s imprisonment for crimes against humanity. The Inter-American Court’s form of engagement with Peruvian law — which I refer to as “constrained deference” — is novel and could be a sound method of interaction with states in future cases.

Keywords: Inter-American Court of Human Rights, Presidential Pardon, Anti-Impunity, Conventionality Control, Deference

Suggested Citation

Contesse, Jorge, Case of Barrios Altos and La Cantuta v. Peru (May 9, 2019). 113 American Journal of International Law 568 (2019) , Rutgers Law School Research Paper , Available at SSRN: https://ssrn.com/abstract=3385493 or http://dx.doi.org/10.2139/ssrn.3385493

Jorge Contesse (Contact Author)

Rutgers Law School ( email )

123 Washington Street
Newark, NJ 07102
United States

HOME PAGE: http://law.rutgers.edu/directory/view/jc1844

Université Paris 1 Panthéon-Sorbonne ( email )

17, rue de la Sorbonne
Paris, IL 75005
France

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