Inter-American Court of Human Rights

Case of Neira-Alegría et al. v. Peru

Judgment of December 11, 1991
(Preliminary Objections)

In the case of Neira Alegría et al.,
the Inter-American Court of Human Rights, composed of the following judges:
Héctor Fix-Zamudio, President
Thomas Buergenthal, Judge
Rafael Nieto-Navia, Judge
Julio A. Barberis, Judge
Jorge E. Orihuela-Iberico, ad hoc Judge;
also present,
Manuel E. Ventura-Robles, Secretary and
Ana María Reina, Deputy Secretary
delivers the following judgment pursuant to Article 27(4) of the Rules of Procedure of
the Court (hereinafter “the Rules”) in force for matters submitted to it prior to July
31, 1991, on the preliminary objections interposed by the Government of Peru
(hereinafter “the Government” or “Peru”).
I
1.
The Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”) submitted the instant case to the
Inter-American Court of Human Rights (hereinafter “the Court”) on October 10,
1990. It originated in petition N° 10.078 against Peru.
2.
In filing the application with the Court, the Commission invoked Articles 51
and 61 of the American Convention on Human Rights (hereinafter “the Convention”
or “the American Convention”) and Article 50 of its Regulations, and requested that
the Court determine whether the State in question had violated Articles 1 (Obligation
to Respect Rights), 2 (Domestic Legal Effects), 4 (Right to Life), 7 (Right to Personal
Liberty), 8 (Right to a Fair Trial), and 25 (Right to Judicial Protection) of the
Convention, to the detriment of Messrs. Víctor Neira-Alegría, Edgar Zenteno-Escobar
and William Zenteno-Escobar. The Commission also asked the Court “to adjudicate
this case in accordance with the terms of the Convention, and to fix responsibility for

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