4.
Notification of the State and the representative. The submission of the case was notified to
the State and to the representative of the presumed victim (hereinafter also “the representative”)
on March 12, 2012.
5.
Request to keep the identity of the presumed victim confidential. On May 4, 2012, the
representative asked the Court to clarify some aspects relating to the confidentiality of the identity
4
of the presumed victim in this case. On May 9 and 18, 2012, respectively, the Commission and the
State forwarded their observations in this regard. On September 10, 2012, the Court informed the
parties and the Commission that “in view of the violations alleged in this case, the confidentiality of
the presumed victim’s identity was in order and must be respected, both during these proceedings
before the Court and in any statements or information that any of the parties publicizes with regard
to the case. The Court also consider[ed] that, owing to the facts alleged in this case, the
confidentiality of the identity of the presumed victim entails not only the confidentiality of her name,
but also of any sensitive information in the case file concerning the alleged rape, publication of
which could harm the presumed victim’s right to privacy and personal integrity.”
6.
Brief with motions, arguments and evidence. On May 15, 2012, the representative presented
her brief with motions, arguments and evidence (hereinafter “motions and arguments brief”), under
Articles 25 and 40 of the Court’s Rules of Procedure. She then presented the “[a]rgument relating
to the legal analysis of this case” and the “[c]laims concerning reparations” on May 18, 2012, three
days after the non-extendible time frame for the presentation of the motions and arguments brief
had expired. In this regard, the Court, meeting in plenary during its ninety-fifth regular session,
decided that these arguments would not be admitted because they were time-barred pursuant to
Article 40(d) of the Court’s Rules of Procedure. This decision was communicated to the parties and
to the Commission in notes of the Secretariat of the Court of July 11 and 24, 2012.
7.
Answering brief. On September 26, 2012, Peru submitted to the Court its brief with a
preliminary objection, answering the submission of the case by the Commission, and with
observations on the motions and arguments brief (hereinafter “answering brief”). In this brief, the
State filed a preliminary objection, and contested the description of the facts made by the
representative and the Commission, and also the violations alleged by the latter. The State
5
appointed Luis Alberto Huerta Guerrero, Special Supranational Public Prosecutor, as its Agent for
this case and Iván Arturo Bazán Chacón and Carlos Miguel Reaño Balarezo, lawyers from the Office
of the Special Supranational Public Prosecutor, as its deputy agents.
8.
Access to the Legal Assistance Fund. In an Order of October 24, 2012, the acting President
admitted the request made by the presumed victim to access the Victim’s Legal Assistance Fund of
the Court, and decided that the necessary financial assistance would be granted for the presentation
of a maximum of two statements, either by affidavit or during the public hearing, and the
6
appearance of a representative at the public hearing.
9.
Observations on the preliminary objection. On November 24 and 25, 2012, the InterAmerican Commission and the representative, respectively, presented their observations on the
preliminary objection filed by the State.
4
On that occasion, the representative presented various newspaper articles as evidence of the “derogatory […]
statements [made] against the [presumed] victim” (merits report, folios 131 to 175).
5
Initially, the State appointed Alberto Salgado Tantte as its Agent. Subsequently, on May 30, 2012, Peru appointed
Oscar José Cubas Barrueto as its Agent and, finally, on October 19, 2012, it appointed Luis Alberto Huerta Guerrero, actual
Special Supranational Public Prosecutor, as its Agent.
6
Cf. Case of J. v. Peru. Order of the acting President of the Court of October 24, 2012. Victim’s Legal Assistance Fund.
Available at: http://corteidh.or.cr/docs/asuntos/j_fv_12.pdf
6