3.
Requests of the Inter-American Commission. Based on the foregoing, the Commission asked
the Court to declare the international responsibility of the State for the violation of Articles 3, 4,
5(1), 5(2), 7, 8(1) and 25(1) of the American Convention, in relation to Articles 1(1) and 2 of this
instrument, and the violation of the obligations established in Articles I and III of the InterAmerican Convention on Forced Disappearance of Persons, to the detriment of Jeremías Osorio
Rivera; also, the violation of the rights established in Articles 5(1), 8(1) and 25(1) of the American
Convention, in relation to Articles 1(1) and 2 of this international instrument, to the detriment of
Juana Rivera Lozano (mother); Epifanía Alejandrina, Elena Máxima, Porfirio, Adelaida, Silvia, Mario
and Efraín Osorio Rivera (siblings); Santa Fe Gaitán Calderón (permanent companion), and Edith
Laritza Osorio Gaytán, Neida Rocío, Vannesa Judith and Jersy Jeremías, all with the surnames
Osorio Gaitán (children). In addition, the Commission asked the Court to order the State to provide
certain measures of reparation that will be described and analyzed in Chapter VIII of this
Judgment.
II
PROCEEDINGS BEFORE THE COURT
4.
Notification of the State and the representatives. The Court notified the Commission’s
submission of the case to the representatives of the presumed victims on August 6, 2012, and to
the State on August 8, 2012.
5.
Brief with motions, arguments and evidence. On October 5, 2012, the representatives of the
presumed victims submitted to the Court their brief with motions, arguments and evidence
(hereinafter “motions and arguments brief”). The representatives agreed substantially with the
Commission’s allegations and asked the Court to declare the international responsibility of the
State for the violation of the same articles alleged by the Commission and, also, the “violation of
the right to the truth of the [presumed] victim and his next of kin, which is protected by both
Articles 8 and 25 of the [American Convention], in relation to Article 1(1) of this instrument.” In
addition, the presumed victims requested, through their representatives, access to the Victims’
Legal Assistance Fund of the Inter-American Court (hereinafter “the Court’s Assistance Fund” or
“the Fund”). Lastly, they asked the Court to order the State to adopt different measures of
reparation and to reimburse certain costs and expenses
6.
Answering brief. On February 20, 2013, the State submitted to the Court its brief filing
preliminary objections, answering the brief submitting the case, and with observations on the
motions and arguments brief (hereinafter “the answering brief”). In this brief it filed two
preliminary objections. The State appointed Luis Alberto Huerta Guerrero, the Peruvian State’s
Supranational Special Public Attorney, as its Agent, and Iván Arturo Bazán Chacón and Carlos
Miguel Reaño Balarezo as Deputy Agents.
7.
Access to the Legal Assistance Fund. In an Order of the acting President of the Court for this
case (hereinafter “the acting President”) of March 12, 2013, the request made by the presumed
victims, through their representatives, to access the Court’s Assistance Fund was declared
admissible. 3
3
Cf. Case of Osorio Rivera et al. v. Peru. Order of the acting President of the Inter-American Court of March 12,
2013. Available at: http://www.corteidh.or.cr/docs/asuntos/osorio_fv_13.pdf
6