Concern that binding jurisprudence could severely limit access to a remedy to victims of grave human rights abuses

June 22, 2010

Dr. Javier Villa Stein

President of the Peruvian Supreme Court of Justice

Dear Mr. Villa Stein,

We are writing to share with you our analysis of the binding interpretation of the crime of enforced disappearance handed down by the Peruvian Supreme Court in its Plenary Accord 9-2009/CJ-11. We appreciate the Court’s effort to unify case law in Peru. However, we are profoundly concerned that the accord could deny victims of grave human rights abuses access to a remedy, and unreasonably limits the scope of state responsibility to an extent that is incompatible with international human rights law and Peru’s obligations under it.

We would respectfully urge you to read our attached analysis of the decision and take into account how Peru’s international human rights obligations can be properly reflected in law when defining the scope of the crime of enforced disappearances.

Thank you in advance for taking into consideration this important issue.