The aim of this article is to analyse how and why the norms of the Inter-American human rights system on transitional justice exerted an impact on the human rights trials in Peru. Based on the emerging theoretical approach according to which the effects of international human rights regimes are conditioned by domestic factors of the target-countries, our research seeks to unravel how domestic politics influences and mediates the potential impact of these international norms, highlighting the role of non-governmental organizations (NGOs) and local higher courts, since these actors are central both to the process of transitional justice and for the activation and enforcement of the Inter-American system’s rules. In this sense, a qualitative research design based on semi-structured interviews with civil society actors and judges involved with the theme was adopted, in addition to the consultation of secondary sources and courts’ rulings. Then, from the analysis of this material, we tested the hypothesis that the Inter-American system will have a domestic impact if and when NGOs and local judges are able to understand and use it as an effective mechanism for their own “empowerment”. Having analyzed the data collected, we point out, firstly, that the human rights groups’ profile was essential for the impact, since the expertise and continuous actions of these actors allowed them not only to attract the Inter-American system’s attention, but also to act as agents that would propagate and legitimate its legal formulations. Secondly, in what concerns the responsiveness and openness of the judiciary, we also point out to the important presence of a group of more progressive and dissident judges in the main tribunals during the post-transitional period. In that critical juncture when the reconstruction and renovation of the judiciary was at stake, these magistrates used the Inter-American system’s decisions as a mechanism for their own institutional strengthening, contributing therefore to the enforcement of such rules. Therefore, contrary to most studies that focus on Executive’s actions to explain either the occurrence of human rights trials in the post-transitional period, or the impact of international human rights norms, our conclusions urge the research agendas on the human rights international regime and transitional justice to pay more attention to the role and profile of judicial actors and domestic litigants, since human rights trials frequently are anchored on the mobilization of international norms that cannot be understood separately from the agency of NGOs and magistrates.
Peru; human rights; nongovernmental organizations; judiciary; inter-american human rights system