33
given the Court’s finding in the judgment on preliminary objections in the instant
case.81
94.
At the public hearing the Court held on the merits of the instant case, the
State argued that in Mr. Astorga Valdez’ case, local remedies had not been
exhausted since the original petition was filed with the Commission on January 28,
1994, but his conviction did not come until later that year, in May. It further argued
that Mr. Astorga Valdez’ case was not joined to that original petition until even later
that year, in November. In other words, “more than six months passed between the
date of the final ruling and the date of the submission requesting joinder of Mr.
Astorga’s case to the original petition.”
95.
The Court notes that the exhaustion of local remedies and the request to
include Mr. Astorga Valdez in the petition originally presented to the Inter-American
Commission were issues decided in the judgment on preliminary objections and
therefore need not be revisited at this phase of the proceedings.
VIII
ON ARTICLE 20
(RIGHT TO NATIONALITY)
96.
Article 20 of the Convention provides the following:
1.
Every person has the right to a nationality.
2.
Every person has the right to the nationality of the state in whose territory he
was born if he does not have the right to any other nationality.
3.
it.
97.
81.
No one shall be arbitrarily deprived of his nationality or of the right to change
The Commission’s arguments were as follows:
a)
Peru violated the right to nationality recognized in Article 20 of the
Convention because it did “not have the right to try and convict the
four Chilean citizens for the crime of treason.” Following the principle
of the territoriality of criminal law, the State applied Decree-Law No.
25,659, which makes no distinction for nationals and aliens;
b)
In convicting the four Chilean citizens, the State arbitrarily “imposed
on them and attempted to create within them an artificial bond of
allegiance and loyalty to Peru”; in other words, a relationship with that
country or nation. For the State to require allegiance and loyalty from
these persons, they would first have to have voluntarily opted to
acquire Peruvian nationality and, as a consequence, renounce their
Chilean nationality;
c)
the crime of treason should be classified among crimes “against the
external security of the Nation” that attack the sovereignty,
independence, security or honor of the Nation [...] to further the
Cf. Castillo Petruzzi et al. Case, Preliminary Objections, supra note 2.