The Inter-American Commission on Human Rights (hereinafter "the Commission") has learned that, on the initiative of the Government of President Alberto Fujimori, the Congress of the Republic of Peru adopted a legislative resolution on July 7 whereby the Peruvian state issues "its withdrawal, effective immediately, of recognition of the contentious jurisdiction of the Inter-American Court of Human Rights."
The Commission deplores this unprecedented decision by the Peruvian State, which is intended to restrict the protection afforded by the hemispheric human rights system as regards the inhabitants of Peru, and which runs counter to the prevailing regional trend of accepting the contentious jurisdiction of the Inter-American Court, demonstrated by the recent actions of Brazil, Haiti, Mexico, and the Dominican Republic.
The Commission notes that the decision in question neither alters in any way the obligation of the Peruvian State to comply fully with the judgments of the Inter-American Court nor affects the competence of the Court to hear the cases of Baruch Ivcher, the Constitutional Tribunal, and the others pending in the system. As for the remaining matters, the Commission is now assessing the validity of the Peruvian State's decision in the light of international law, and will make its position known at the appropriate time and in the appropriate forum. In any case, the Peruvian State remains obligated to comply with its international human rights obligations under the jurisdiction of the Commission.
Finally, the Commission calls upon the Peruvian State to reconsider its decision to remove itself from the contentious jurisdiction of the Inter-American Court.
Washington, D.C., July 9, 1999