7
The following witnesses and experts did not appear:
Ricardo Nugent López Chaves
Luis Guillermo Díaz Valverde
Javier Díez Canseco Cisneros
Fernando Olivera Vega
Guillermo Rey Terry, and
Enrique Bernales Ballesteros.
Although the State had been convened it did not appear (infra 58-62). At the
beginning of the public hearing, the President read Article 27 of the Court’s Rules of
Procedure, which authorize the Court to proceed with the case, on its own motion,
when a party fails to appear (infra 59).
26.
During the public hearing held on November 22, 2000, the Commission
submitted a certified copy of the congressional Legislative Resolution No. 007-2000CR, date November 17, 2000, signed by Valentín Paniagua Corazao, President of the
Congress of the Republic, and several newspaper clippings (infra 38).
27.
On November 29, 2000, on the instructions of the Court, the Secretariat
requested the Commission to present evidence and arguments on the expenses and
costs incurred during the domestic proceeding and before the inter-American
system. On December 4 and 12, 2000, the Commission requested extensions,
which were granted by the President, until January 8, 2001. The Commission
submitted the requested document within the agreed period (infra 41). It was
forwarded to the State, which was granted until January 24, 2001, to submit it
comments. At the time this judgment was delivered, the State had not forwarded
its arguments in this respect.
28.
On December 8, 2000, the President granted until January 5, 2001, for the
submission of final arguments. This period was extended until January 10, 2001.
On January 10, 2001, the Commission submitted its final arguments. At the time
this judgment was delivered, the State has not forwarded its arguments.
29.
On December 8, 2000, the Secretariat requested the Commission to forward
the original file that it had prepared. On January 2, 2001, the Commission indicated
that, according to article 73 of its Regulations, “only certified copies of the items in
the file that [are] consider[ed] pertinent” may be sent. On January 12, 2001, on
the instructions of the President, the Secretariat requested the Commission to
forward some of the document from the said file and indicated that the Court would
be informed of its letter of January 2, 2001, for the pertinent effects. On January 19
and 29, 2001, the Commission forwarded some of the requested documentation.
30.
On December 12, 2000, the Commission sent a brief containing the technical
opinion of Enrique Bernales Ballesteros. The following day, the Secretariat forwarded
this document to the State so that it could submit it comments by January 8, 2001,
at the latest. At the time this judgment was delivered, the State had not forwarded
any document.
31.
On January 22, 2001, the Embassy of Peru in Costa Rica forwarded a copy of
Legislative Resolution No. 27,401 of January 18, 2001, and the single clause states: