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8.
In the brief of preliminary objections the Government requested, in accordance with
Article 31(4) of the Rules of Procedure, suspension of the “proceedings on the merits until
such time as the preliminary objection is resolved.” The Court, by Order of May 17, 1995,
declared the request inadmissible and decided to proceed with the case at its various judicial
stages on the grounds that the suspension sought did not meet the requirement of
“exceptional situation” and could not be justified on any grounds.
9.
On May 5, 1995, the Government submitted its answer to the application.
10. By Order of the President of May 20, 1995, the parties were summoned to a public
hearing on preliminary objections to be held at the seat of the Court on September 13 of
that year. The Commission orally requested a postponement of the hearing, and the
President, by Order of June 30, 1995, acceded to the request and set the hearing for
September 23.
11. On May 23, 1995, the Government submitted a brief in which it refuted “the alleged
extinguishment of [its] right to file this preliminary objection,” and on August 24, 1995, the
Commission requested that the Court deem the brief not to have been filed and to expunge
it definitively from the records. On September 18, the President declared that the brief
would be evaluated in due course.
12. In a brief of December 29, 1995, the Commission, for its part, presented a copy of the
judgment of October 6, 1995, rendered by the Supreme Court of Justice upholding the
sentence passed on María Elena Loayza-Tamayo et al. for the crime of terrorism, and on
January 22, 1996, the Government requested that the Commission's brief be rejected and
considered not to have been filed. On January 30, 1996, the President declared that the
brief would be evaluated in due course.
13.
The public hearing took place at the seat of the Court on September 23, 1995.
There appeared
for the Government of Peru:
Mario Cavagnaro-Basile, Agent
Iván Carluis Fernández-López, Advisor;
for the Inter-American Commission on Human Rights:
Oscar Luján-Fappiano, Delegate
Edith Márquez-Rodríguez, Attorney
Domingo E. Acevedo, Attorney
José Miguel Vivanco, Assistant
Ariel E. Dulitzky, Assistant
II