Monday, May 13, 2019

Contesse: Case of Barrios Altos and La Cantuta v. Peru

Jorge Contesse (Rutgers Univ. - Law) has posted Case of Barrios Altos and La Cantuta v. Peru (American Journal of International Law, forthcoming). Here's the 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.