8.
Observations on the preliminary objections. On May 14 and 17, 2013, the Commission and
the representatives of the presumed victims, respectively, presented their observations on the
preliminary objections filed by the State.
9.
Public hearing and additional evidence. By an Order of the acting President of July 8, 2013, 4
the parties were convened to a public hearing to receive their arguments and their final oral
observations on the preliminary objections and eventual merits, reparations and costs, as well as
to receive the statement of presumed victim Porfirio Osorio Rivera, the testimony of witnesses
Simeón Retuerto Roque and Ricardo Alberto Brousset Salas, and the expert opinion of Avelino
Trifón Guillén Jáuregui. The public hearing took place on August 29, 2013, during the 100th regular
session of the Court, which was held at its seat. 5 During the hearing, the statements were received
of a presumed victim, of a witness by audiovisual means, and of an expert witness, 6 as well as the
final oral observations and arguments of the Commission, the representatives of the presumed
victims and the State, respectively. Also during the hearing, the parties presented certain
documentation, 7 and the Court requested the parties to provide specific information. In addition,
the statements required by affidavit in the Order of the acting President of July 8, 2013, were
received.
10. Final written arguments and observations. On September 30, 2013, the State and the
representatives forwarded their final written arguments and the Commission presented its final
written observations.
11. Observations of the representatives and the State. The acting President granted the
representatives and the State a specific time period to present any observations they deemed
pertinent on the information and annexes provided by the representatives and the State. On
October 30 and November 1, 2013, the State and the representatives, respectively, forwarded
their observations.
12. Observations of the State on the observations of the representatives. On November 14, 2013,
the State presented observations concerning “the absence of observations by the representatives
on the annexes to the final written arguments presented by the Peruvian State.” Given that the
said observations had not been requested by either the Court or its acting President for this case,
this brief of the State is inadmissible and the Court will not take it into account.
13. Disbursement in application of the Assistance Fund. On October 21, 2013, the Secretariat, on
the instructions of the acting President for this case, transmitted to the State information on the
disbursements made in application of the Victims’ Assistance Fund in this case and, as established
in article 5 of the Court’s Rules for the Operation of this Fund, granted it a time frame for
4
Cf. Case of Osorio Rivera et al. v. Peru. Order of the acting President of the Inter-American Court of July 8, 2013.
Available at: http://www.corteidh.or.cr/docs/asuntos/osorio_08_07_13.pdf
5
At this hearing there appeared: (a) for the Inter-American Commission: Commissioner Rodrigo Escobar Gil, and
Executive Secretariat lawyer, Silvia Serrano Guzmán; (b) for the representatives of the presumed victims: Gloria Cano
Legua and Jorge Abrego Hinostroza, Executive Director and lawyer of APRODEH, and (c) for the State of Peru: its Agent,
Luis Alberto Huerta Guerrero, and Deputy Agents, Iván Arturo Bazán Chacón and Carlos Miguel Reaño Balarezo.
6
Mr. Brousset Salas did not appear to testify because “he [was] not in San José, Costa Rica, and thus c[ould] not
testify in the scheduled hearing.” Communication of the State received by e-mail on August 28, 2013.
7
The representatives provided the section “Presentation,” and pages 47, 48, 52, 63, 65, 73, 101, 102, 127, 134,
135, 139, 141, 167 and 235 of the report “En Honor a la Verdad” of the Permanent Historical Commission of the Peruvian
Army, published in Lima in 2010, and the State provided supreme final judgment R.N. No. 1071-2012 issued by the
Transitory Criminal Chamber of the Supreme Court of Justice on April 17, 2013.
7