5
in the attic of Record Files, not being able to determine if the file was sent to the
Files of the Court or to the Court of Origin".
19.
On September 28, 1998 the State submitted a brief related to the judicial
situation of Mr. Nolberto Durand Ugarte and Mr. Gabriel Pablo Ugarte Rivera.
20.
On October 26, 1998, the State, at the request of the Secretariat, submitted
a brief related to a judicial situation of Mr. Nolberto Durand Ugarte.
21.
On November 9, 1998, the Secretariat, following instructions by the
President, asked the State, in keeping with Article 44 of the Rules of Procedure to
submit some documentation regarding the filed habeas corpus recourse and charges
of terrorism against Mr. Durand Ugarte and Ugarte Rivera as evidence for a better
decision.
22.
On November 27, 1998, the Inter-American Commission, by means of the
Decision of the President, was asked, in view of said request in the application brief,
to provide detailed information on evidence produced in Neira Alegría Case, asking
for the inclusion of the evidence in this case.
23.
On December 14, 1998, the Commission sent a brief wherein it indicated the
documents of evidence produced in Neira Alegría Case, to be included in the
evidence of this case. On January 11, 1999, the Secretariat sent said brief to the
State and extended the deadline until the 22nd of the same month and year to
submit observations it may deem relevant. To this date no brief has been submitted
to this regard.
24.
On January 6, 1999, the State requested a deadline extension to submit
evidence for a better decision request, said extension was granted until January
22nd of the same year. On January 24, 1999, Peru submitted a pronouncement
dated October 28, 1986 of the Court of Constitutional Guarantees concerning the
action of habeas corpus, documentation regarding several procedures to find out
about the actions related to the habeas corpus recourses and the case on terrorism,
as well as documentation provided by the National and Corporate Penal Court for
Cases of Terrorism, regarding Mr. Durand Ugarte and Mr. Ugarte Rivera. On March
3, 1999, the evidence was again requested to the State for a better solution which
was previously asked for. To the date of this judgment, the State had not submitted
the file processed for charges of terrorism against Mr. Durand Ugarte and Mr. Ugarte
Rivera, or the documentation related to the habeas corpus recourse on their behalf in
February 1986.
25.
On April 7, 1999, the Court requested the OAS Secretary General for
information related to the notification about the state of emergency or suspension of
guarantees by Peru, decreed between June 1, 1986 and July 20, 1987. On May 19,
1999 Mr. Jean-Michel Arrighi, Director of the International Law Department of the
OAS General Secretariat, informed that he had not received any notification to this
regard.
26.
On May 28, 1999, the Court issued a preliminary objections judgment.
27.
On June 10, 1999 the Secretariat asked the Commission for a definite list of
witnesses and experts who should be summoned at the public hearing. On June 29,
1999 the Commission informed that Mrs.Virginia Ugarte Rivera and the expert Robin