10
31.
On February 21, 1997, the State presented a brief in which it formulated a number
of considerations regarding the public hearing held on February 6 and 7, 1997, and
submitted documentation on the general human rights situation in Peru.
32.
By note of April 15, 1997, the Commission informed the Court that it did not
consider it necessary to receive the statement of any other witnesses it had proposed in this
Case.
33.
On June 27, 1997, the State presented its brief of final arguments and repeated its
position on the preliminary objections it had previously lodged with the Court, to the effect
that when the petition from which this case had originated was received by the Commission,
not only had remedies through the domestic courts not been exhausted, but they were
actually in process. It analyzed the statements given at the public hearing, underscored
what it described as discrepancies in the statements and the facts presented, and
challenged the veracity of Magistrate Minaya-Calle's testimony. In conclusion, the State
requested that the Court declare the petition groundless in all its parts.
34.
In June 30, 1997, the Commission submitted its brief of final arguments, in which it
reaffirmed that it had proven that the State was responsible for the arbitrary detention and
forced disappearance of Ernesto Rafael Castillo-Páez on October 21, 1990, to whose
detriment it had violated Articles 7, 5, 4, 8 and 25 of the American Convention, all in
relation to the general obligation to respect and guarantee rights as enshrined in Article
1(1). The Commission also adduced new arguments on the possible violation of Articles 17
(Rights of the Family) and "right to the truth", to the detriment of Mr. Castillo-Páez.
The Commission described in detail the inefficacy of the judicial proceedings and
investigation conducted in the case and summed up the testimony delivered by Magistrate
Elba Minaya and Mr. Cronwell Pierre Castillo-Castillo, father of the alleged victim, concerning
the State's obstruction and lack of cooperation they had encountered in the process. It also
summarized the statements of eye-witnesses Joe Roberto Ruiz-Huapaya and María Elena
Castro-Osorio.
35.
On September 9, 1997, the State submitted a brief in which it declared that Ernesto
Rafael Castillo-Páez's cousin, José Abel Malpartida-Páez, had been killed while handling
explosives in a "Shining Path" maneuver. In that brief the State claimed that José Abel
Malpartida Páez and Ernesto Rafael Castillo-Páez were not enrolled as students at the
Catholic University of Lima.
V
36.
As attachments to the application, and during the proceedings, the Commission
submitted copies of a series of documents and statements concerning the Peruvian
authorities' abduction and subsequent disappearance of Ernesto Rafael Castillo-Páez, as well
as judgments, copies of statements and declarations.
It likewise submitted official
communications from a number of public departments, conclusions, rulings and judicial
decisions.
37.
As evidence in the Case, the State submitted a number of documents: judgments,
copies of declarations and statements, police statements and reports, and a photograph.
38.
In the instant case, the Court will assess the value of the documents presented by
the Commission and the State, against which, incidentally, no challenge or objection was
made.