4
14.
The Inter-American Commission named Patrick Robinson as its Delegate, who was
later replaced by Carlos Ayala-Corao and Alvaro Tirado-Mejía; Domingo E. Acevedo as its
Attorney, and the following persons as Assistants: Juan Méndez, José Miguel Vivanco,
Ronald Gamarra, Kathia Salazar, Viviana Krsticevic, Verónica Gómez and Ariel E. Dulitzky,
who represented the plaintiff as petitioners before the Commission. Mr. Méndez later
withdrew by note of September 16, 1996.
15.
On March 23, 1995, the State informed the Court that it had appointed Mario
Cavagnaro-Basile as Agent, and on the following day it reported that it had appointed Julio
Mazuelos-Coello as Alternate Agent.
16.
On March 24, 1995, the State filed written preliminary objections of failure to
exhaust domestic remedies and inadmissibility of the petition. In its brief it further
requested "the suspension of the proceedings on the merits until such time as the
objections presented are disposed of." By Order of May 17, 1995, the Court decided to
declare the request inadmissible and to continue processing the Case.
17.
On May 8, 1995, the Government submitted its answer to the application, in which it
"refute[d] and contest[ed] the entire [application] and ask[ed] the Court ..., on the merit of
[its] arguments" to declare it to be totally unfounded. It further stated that for the State to
incur responsibility for the violation of a specific right there must have been an act or
omission on the part of the authorities, which resulted in an injury attributable to it;
otherwise, it may be an infringement or crime for which only the individual who committed
it can be held responsible; accordingly, only that person can be responsible for the effects of
the act and for reparation of the damage caused. In that brief the State repeated at length
its arguments of failure to exhaust the domestic remedies (infra, para. 21).
18.
In response to the request of the Court of May 20, July 27 and October 24, 1995,
the State submitted, through communications of July 26, September 22 and November 28
of that year, the documentation missing from the file on the domestic proceedings in the
case.
19.
On May 31, 1995, the Commission submitted the original file on the proceeding
before it.
20.
On September 23, 1995, the President granted the Commission until November 23
of that year to submit its brief of reply, and to the State a period of two calendar months
from the date of its notification to submit its rejoinder. The parties, however, did not
submit those briefs.
21.
By Judgment of January 31, 1996, the Court unanimously dismissed the preliminary
objections raised by the State with regard to the failure to exhaust the domestic remedies.
22.
On March 21, 1996, the State sought the nullification of the Judgment on preliminary
objections delivered by the Court on January 31 of that year. On April 30 the Commission
submitted its observations on that request. By Order of September 10, 1996, the Court
rejected “the motion for review as being out of order.”
23.
On March 4, 1996, the Commission presented a list of the following witnesses who
should be summoned to appear at the public hearing on the merits of the case: María
Esther Aguirre-Vera, Erika Katherine Vera-de la Cruz, María Elena Castro-Osorio, Joe
Roberto Ruiz-Huapaya (all witnesses to the events), Cronwell Pierre Castillo-Castillo (father
of the alleged victim), Elba Minaya-Calle (the Examining Magistrate who heard the petition