3
minutes [. . .] with the admonition that, in the event of noncompliance with the
Court’s order, the allegations of the Government of Peru shall be presumed to be
true.” The President acceded to this request in a note dated December 3, 1991. In
it, he explained to the Commission that he had requested the transmittal of the
relevant portions of two of the summary minutes to which Article 22 of the
Commision’s Regulations refers because they spelled out the decisions the
Commission had adopted; these decisions, in his opinion, could not be considered to
be confidential. He also added that the failure to transmit the documents requested
“could have procedural consequences.”
12.
The public hearing was held at the seat of the Court on December 6, 1991.
There appeared before the Court;
for the Government of Peru:
Sergio Tapia-Tapia, Agent
Eduardo Barandiarán, Minister Counselor;
for the Inter-American Commission on Human Rights:
Oscar Luján-Fappiano, Delegate
David J. Padilla, Delegate
Carlos Chipoco, Adviser
José Miguel Vivanco, Adviser
Silvio Campana, Adviser.
13.
At this hearing, the Commission supplied the dates that had been requested
by the President in his notes of August 3 and December 3, 1991 (supra 10 and
11). Mr. Fappiano stated: “ [. . .] I formally declare that the decision was adopted
on October 5th and that the relevant portion of the minutes reads as follows: to
confirm the decision to submit the case to the Court because the deadline has
expired and the declarations of the Government of Peru are not satisfactory.” He
also stated:
[. . .] Mr. President, the Commission’s report was delivered on May 14, 1990, as
recorded in the minutes for that day and for the following day, May 15. The relevant
portion of the minutes repeats what is contained in the concluding part of the report
itself: to submit the case to the consideration, to the jurisdiction of the Court, unless the
Government of Peru resolves the matter within the three months indicated in the
previous paragraph. All this we acknowledge.
II
14.
According to the petition filed with the Commission, on June 18, 1986, Víctor
Neira-Alegría, Edgar Zenteno-Escobar and William Zenteno-Escobar were being held
in detention at the San Juan Bautista penal establishment, also known as “El
Frontón”, having been charged with the commission of alleged terrorist acts. On
that date, a mutiny occurred in the prison. In order to quell the uprising, the