6
Jorge E. Orihuela-Iberico's request for an interpretation of Article 54(3) of the Convention in
relationship to this case, decided "to proceed with the consideration of the Neira-Alegría et al.
Case, except as it relates to the motions interposed by the Government's Agent against the
December 11, 1991 judgment, which shall be decided by the Court with the membership it had at
the time said judgment was passed." Judge Nieto added a dissenting opinion, and Judges Montiel
and Orihuela added their respective individual opinions.
35.
On June 30, 1992, the Court, pursuant to the provisions of Article 37 of the Rules of
Procedure, decided to reject the objections or disqualification arguments raised against the
testimonial evidence offered by the Commission, and authorized the President to determine,
subject to prior consultation with the Permanent Commission, the dates for the public hearings.
The President scheduled the hearings to start on July 6, 1993 in order to receive the declarations
of the witnesses and experts proposed by the Commission and hear the arguments of the parties
on the merits of the case.
36.
By note of September 22, 1992, the Government reported the following in connection with
the President's request of January 18 of that year
The cemeteries mentioned in said resolution have an official and permanent status and generally remain
subject to control measures under the direction of their respective administrations. For this reason, the
bodies buried therein may not be moved, except in conformity with the rules governing these matters
and at the request of the interested party.
37.
Between July 6 and 10, 1993, the Court held public hearings on the merits of the case, and
heard the concluding arguments of the parties.
Appearing before the Court:
For the Government of Peru:
Sergio Tapia-Tapia, Agent
Hernán Ponce-Monge, Advisor
José Ernesto Ráez-González, Advisor ( * )
For the Inter-American Commission on Human Rights:
Oscar Luján Fappiano, Delegate
Domingo Acevedo, Attorney of the Secretariat
José Miguel Vivanco, Advisor
Juan Méndez, Advisor
Carlos Chipoco, Advisor
Witnesses and experts presented by the Commission:
(*) Mr. Ráez-González was presented as a witness by the Commission, after which he was accredited also as
Government advisor for the hearing held on July 9, 1993.