10
49.
That same day, before the close of the public hearing, the State presented a
copy of a videocassette titled “Fifteen Years That Changed Peru’s History.”
The
video, shown during the hearing, concerned the social upheaval and destruction that
terrorism had caused.
50.
On December 9, 1988, the Secretariat asked the Secretary General of the
Organization of American States (hereinafter “the OAS”) to report whether Peru had
notified him of any suspension of guarantees for the period between January 1,
1993 and June 1, 1994, as required under Article 27(3) of the Convention and, if
so, whether the notification indicated “the provisions whose application had been
suspended, the reasons for the suspension, its territorial scope and the date set for
termination of such suspension.” On December 15, 1998, the Secretariat reiterated
its request. On January 7, 1999, the Director of the OAS General Secretariat’s
Department of International Law, Mr. Jean-Michel Arrighi, reported that it had not
received any notification of suspension of guarantees for the dates in question. On
February 16, 1999, the State took issue with the content of the communication
from the official in question, since its January 15, 1999 brief had reported that the
declaration of the state of emergency and its extensions were reported to the OAS
General Secretariat and the Executive Secretariat of the Commission.
51.
On April 7, 1999, the Secretariat asked the State to clarify whether the
notifications of suspension of guarantees had been sent both to the Executive
Secretariat of the Commission and to the General Secretariat of the OAS. The
Secretariat also asked that the State kindly furnish the Court with a copy of any
direct communication the State had sent to the OAS General Secretariat. On April
19, 1999, the State sent its clarification to the effect that the orders declaring states
of emergency “were sent by [its] Permanent Mission to the Executive Secretariat of
the Commission on Human Rights.” It also provided a copy of a note addressed to
the OAS General Secretariat, dated February 24, 1993, concerning the state of
emergency declared from April 13, 1992, to February 24, 1993. On December 9,
1998, the President requested documentation related to the suspension of
guarantees. On January 15, 1999, the State forwarded the supreme decrees
ordering suspension of guarantees between January 1, 1993 and June 1, 1994.
52.
On February 8, 1999, the Secretariat informed the State and the Commission
that March 8, 1999, had been set as the deadline for the final pleadings on the
merits. On February 24, 1999, the State requested that the deadline in question be
extended to April 15. The extension ultimately granted was until March 19, 1999.
53.
Following instructions from the President, on February 8 and 10, 1999, the
Secretariat requested additional documentary evidence from both the State and the
Commission (paragraph 76). On February 17 and March 10, the State submitted a
portion of the information solicited from it. On February 17 and 19, 1999, the
Commission requested a 15-day extension to submit the information it had been
asked to provide. Although both requests were granted, the Commission never
submitted the requested information.
54.
On February 9, 1999, the State sent a communication listing a series of
international treaties on the subject of terrorism.
55.
The Inter-American Commission submitted its final pleading on March 8,
1999. There, it maintained that articles 8, 7, 20, 25, 5, 2 and 1.1 of the American