were mostly in agreement with the Commission’s arguments, asked the Court to hold the State
internationally responsible for having violated the same rights alleged by the Commission, and
added “violation of the [alleged] victims’ right to the truth, protected jointly by Articles 8, 13
and 25 of the [Convention], read in conjunction with Article 1(1).” The alleged victims, through
their representatives, also asked to avail themselves of the Court’s Victims Legal Assistance
Fund (hereinafter “Court’s Assistance Fund” or “Fund”). Finally, they asked the Court to order
the State to adopt a variety of measures of redress and to reimburse particular court costs
and attorney fees.
6.
Answering brief. – The State submitted its brief to the Court on August 17, 2012 with
preliminary objections, its reply to the application brief and its observations on the pleadings
and motions brief (hereinafter “answering brief”). It lodged six preliminary objections and, in
paragraph 231, pointed to its recognition of responsibility “for the excessive amount of time
taken to conduct criminal proceedings.” The State also offered as evidence, inter alia, a
“reconstruction of the facts.” The State initially designated Pedro Cateriano Bellido as head of
its delegation and Joaquín Manuel Missiego del Solar, Alberto Villanueva Eslava and Oscar José
Cubas Barrueto as alternate agents. The Specialized Solicitor General for Supranational Affairs
Oscar José Cubas Barrueto was certified as head agent on August 6, 2012. Later, on December
6, 2012, the State designated Luis Alberto Huerta Guerrero, Specialized Solicitor General for
Supranational Affairs, to serve as head agent. The certification of Alberto Villanueva Eslava as
alternate agent was terminated on February 18, 2014.
7.
Use of the Court’s Assistance Fund. – The President of the Court issued an order on
August 28, 2012, admitting the alleged victims’ request, extended through their
representatives, for access to the Court’s Assistance Fund, and approved financial assistance
as necessary for submitting up to four declarations, whether by affidavit or in the public
hearing.3
8.
Observations on the preliminary objections and on paragraph 231 of the answering
brief. – The representatives on December 6, 2012, and the Commission on December 9, 2012,
filed their comments on the State’s preliminary objections and the statements in paragraph
231 of the answering brief to the effect that the State “acknowledged responsibility for the
excessive amount of time taken to conduct criminal proceedings.” The representatives also
submitted up-to-date information on the status of the criminal proceedings undertaken in the
instant case and asked the Court “to dismiss evidence submitted by the State that had no
bearing on the case.”
9.
Procedure to “reconstruct the facts.” – The State was asked to specify how and where
it would “reconstruct the facts” as proposed (supra para. 6) and to assure that it was willing
to assume all the costs of producing the reconstruction and making it available to the Court.
The Commission and the representatives were given the opportunity to submit their comments
to the proposal. The President issued an order on November 6, 2013, holding that it would be
useful and necessary for shedding light on and proving the facts in dispute, and for better
understanding certain circumstances relevant to the case, to apply Article 58(a) and 58(d) of
the Rules of Procedure and pay a visit to the city of Lima, Peru, to collect the procedure of
“reconstructing the facts” as offered by the State. The Court, on November 28, 2013, denied
a motion lodged by Peru for reconsideration of the measure detailed in paragraph 18(b) of the
November 6, 2013 order, to cover the costs for one of the entities representing the alleged
victims, thereby upholding the President’s order as issued. The State and the representatives
pointed to several documents as sources for planning and carrying out the process of
Cf. Case of Cruz Sánchez et al. v. Peru. Order of the acting President of the Inter-American Court, August
28, 2012. Available online in Spanish at: http://www.corteidh.or.cr/docs/asuntos/cruz_fv_28.pdf.
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