“reconstructing the facts” (infra para. 108). The procedure took place in Lima, Peru on January
24, 2014.4 The parties submitted certain documentation as part of the process. 5
10.
Further helpful evidence – The President issued an order on November 6, 2013 (supra
para. 9), asking the State to submit a complete copy of judicial case files with facts of the
instant case from the criminal proceedings pursued in both the military and general
jurisdictions. The State on December 2 and 16, 2013, submitted “a portion of the copies
requested, as well as explanations and additional information on the case files from the
ordinary courts and the military courts, as further helpful evidence.” As for the copies of the
“judicial file from the proceedings in the ordinary courts,” the State submitted only “several
items of evidence” in view of the very large volume of material, noting that, if this
“documentation should prove insufficient, […] it [would] submit copies of whatever items from
the judicial case files that the Court [should] indicate, allowing additional time.” It sent a copy
of the full “judicial case file from the military courts.” The State also submitted unsolicited
documentation “in the understanding that it could be useful to the Court,” to wit, a copy of the
Spanish-language report by the Truth and Reconciliation Commission, entitled “El Operativo
Chavín de Huántar y la ejecución extrajudicial de miembros del MRTA” (Operation Chavín de
Huántar and the extrajudicial execution of members of the MRTA), together with the body of
evidence used as a basis for the report, entitled “Fuentes para el Case of Chavín de Huántar”
(sources for the Chavín de Huántar case).
11.
Public hearing and additional evidence. – The President issued an order on December
19, 2013,6 convening the parties and the Commission to a public hearing to present their
pleadings and final oral arguments on the preliminary objections and possible merits,
reparations and costs in this case, including any relevant comments on the procedure of
“reconstruction of the facts.” The public hearing took place on February 3 and 4, 2014, during
the Court’s 102nd Regular Session at its seat.7 The hearing included statements by a witness 8
The Court’s delegation on the visit was made up of Court President Humberto Antonio Sierra Porto, Court
Vice President Roberto F. Caldas and Judge Eduardo Ferrer Mac-Gregor Poisot, as well as Registrar Pablo Saavedra
Alessandri and a staff attorney. Present for the State of Peru were Specialized Solicitor General for Supranational
Affairs and the State's agent for the case, Luis Alberto Huerta Guerrero, alternate state agent Joaquín Manuel Missiego
del Solar, solicitor for the Ministry of Defense Gustavo Lino Adrianzén Olaya, Retired Army General Luis Alatrista
Rodríguez, and other state officials from the Office of the Specialized Solicitor General for Supranational Affairs and
the Human Rights Division of the Foreign Ministry. The Inter-American Commission was represented by Assistant
Executive Secretary Elizabeth Abi-Mershed and staff attorney Silvia Serrano Guzmán. Also present for the
representatives were Executive Director of the Human Rights Association (APRODEH) Gloria Cano Legua, APRODEH
attorney Jorge Abrego Hinostroza, CEJIL Program Director for the Andean Region, North America and the Caribbean
Francisco Quintana, and CEJIL attorney Gisela De León.
4
For the State: copies of pages 6, 7, 228, 229, 138, 159, 126, 242, 230, 231, 48, 32, 44, 45, 131, 96, 97,
64, 65, 214, 215, 5, 152, 153, 155, 196, 191, 205, 170, 171, 210, 211, 240 and 241 of the Spanish-language book
Base Tokio: la crisis de los rehenes en el Peru. El verano sangriento, published by Editorial El Comercio, Peru, 1997;
and for the representatives: eight color photographs.
5
Cf. Cruz Sánchez et al. v. Peru. Order of the acting President of the Inter-American Court, December 19,
2013. Available online in Spanish at: http://www.corteidh.or.cr/docs/asuntos/cruz_19_12_13.pdf
6
Appearing at the hearing were: (a) for the Inter-American Commission: Commissioner José de Jesús Orozco,
Assistant Executive Secretary Elizabeth Abi-Mershed, and staff attorneys Silvia Serrano Guzmán and Jorge Meza
Flores; (b) for the representatives of the alleged victims, Gloria Cano Legua and Jorge Abrego Hinostroza from
APRODEH, and Francisco Quintana and Gisela De León from CEJIL; and (c) for the State of Peru: head agent Luis
Alberto Huerta Guerrero, alternate agent Joaquín Manuel Missiego del Solar, and attorney Sofía Donaires Vega from
the office of the Specialized Solicitor General for Supranational Affairs.
7
The Registrar issued a note on January 28, 2014, on instructions of the full Court, notifying the parties and
the Commission that, because no documentation had been received to verify that witness Jorge Gumucio Granier
would be unable to attend the public hearing due to alleged health problems, the State’s request for him to take part
in the public hearing by videoconference had been denied, and therefore Jorge Gumucio Granier could instead submit
8