13
65. The State objected to the inclusion of the appendix submitted by the
Commission containing the report on the visit that representatives of the Human
Rights Commission of the Chilean Parties of Democratic Reconciliation made to Peru.
The State argued that it was without merit and invalid, inasmuch the report’s
allegations to the effect that the State had failed to comply with the Vienna
Convention on Consular Relations had never been conveyed to the State via the
appropriate diplomatic channels.
66.
The Court is ordering that those documents that were neither disputed nor
challenged and those whose authenticity was never in doubt are admitted into
evidence. As regards the document listed under paragraph 64.e), to which the State
objected, the Court reserves the right to evaluate it and, if it so decides, admit it into
evidence. As to the allegation concerning the alleged violation of the Vienna
Convention on Consular Relations, the Court finds that by now the allegation and the
information to which the State objected are irrelevant and immaterial, given the
Court’s judgment on the preliminary objections.
***
67. In its answer to the application, the State submitted the following instruments,
among others, as evidence:
a)
b)
decisions in the internal proceedings against the alleged victims;10 and
documentation on terrorism in Peru today. 11
68. The documents presented and referred to in the preceding paragraph were
neither disputed nor challenged, nor was their authenticity questioned. Therefore,
the Court admits them and orders that they be added to the evidence.
***
69. On November 16, 1998, when the prescribed time limit for submitting evidence
had already lapsed, the State submitted the alleged victims’ immigration records.12
70. On April 26 and May 10, 1999, the State presented documents having to do
with the isolation of the alleged victims in their cells and the visits they had received
at the Yanamayo Prison since 1998.13
10.
Cf. The January 7, 1994 sentence handed down by the Special Military Court of Inquiry; the
March 14, 1994 decision of the FAP’s Special Tribunal that upheld the previous ruling on appeal; the order
to execute the judgment, dated May 3, 1994, issued by the Special Tribunal of the Supreme Court of
Military Justice that took the case on a motion to vacate.
11.
Cf. The Declaration of Lima on Hemispheric Cooperation to Prevent, Combat and Eliminate
Terrorism, approved at the Inter-American Specialized Conference on Terrorism, held in Lima in April
1996.
12.
Cf. Immigration records of the alleged victims, issued by the Interior Ministry’s Office of
Immigration and Naturalization.
13.
Cf. Report No. 16-99-INPE-DRA-EPMSYP/RP of February 24, 1999, signed by the Chief of Prison
Records of the Bureau of Prisons and sent to the Director of the Yanamayo Prison in Puno