Case of Barrios Altos and La Cantuta v. Peru
113 American Journal of International Law __ (2019 Forthcoming)
9 Pages Posted: 14 May 2019 Last revised: 16 May 2019
Date Written: May 9, 2019
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
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