IACHR
Press Release
IACHR Congratulates State of Peru for Attaining Full Compliance with Friendly Settlement Agreement Signed in Case 12,078—Ricardo Semoza Di Carlo
May 5, 2020
Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) has decided to declare full compliance with Friendly Settlement Report 31/04, concerning Case 12,078—Ricardo Semoza Di Carlo, Peru—and will stop monitoring it.
The case is linked to a failure to enforce the court decision that had ordered Mr. Semoza Di Carlo’s reinstatement with Peru’s National Police. In Admissibility Report 84/01, the IACHR stated that it was entitled to assess this case, concerning alleged violations of rights held in Article 25 (right to judicial protection) of the American Convention on Human Rights, in accordance with Article 1.1 of the Convention.
On October 23, 2003, the parties signed a friendly settlement agreement that was approved by the IACHR on March 11, 2004. During the process to verify the implementation of this friendly settlement agreement, the Commission assessed action taken by the Peruvian State to ensure compliance with the commitments it had made in the agreement. The Commission found that the State had acknowledged its international responsibility for these rights violations, recognized Mr. Semoza Di Carlo’s real, effective period of service to the National Police, and consequently granted him the retirement pension due to officers with a rank immediately above his own. Further, from October 2005, the victim was granted the non-pensionable benefit for fuel, he was readmitted into the Peruvian National Police Academy, his income was increased to reflect his reinstatement date and the new count for his period in service, and he was again granted retirement insurance as a higher-ranking officer, based on Article 4 of Supreme Resolution 0501-2003-IN/PNP of August 29, 2003. Finally, the State complied with the creation of an ad hoc committee to investigate these events, aimed at identifying the Interior Ministry officials responsible for failing to enforce in a timely manner the court order concerning Ricardo Manuel Semoza Di Carlo’s reinstatement for active police service.
The Inter-American Commission closely followed the implementation of the friendly settlement that was agreed in this case. The IACHR highly commended both parties for their efforts in negotiations and, later, during the monitoring stage of the friendly settlement agreement. Based on information provided by the parties during the monitoring process, the IACHR declared that full compliance had been attained, and consequently ended its supervision of compliance with this friendly settlement agreement.
The Commission commends the Peruvian State on its efforts to solve cases that are taken before the petition and case system—through its friendly settlement mechanism—and congratulates it for the full implementation of this friendly settlement agreement. The IACHR further congratulates the petitioning party for all its efforts to contribute to improving the friendly settlement procedure.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.
No. 102/20