4
11.
On September 6, 1996 Peru informed the Court about the appointment of
Mr. Jorge Hawie Soret as agent.
12.
On September 19, 1996, the President, at the request of the State, extended
the deadline for the appointment of the judge ad hoc until October 8, 1996. On the
4th of the same month and year, Peru appointed Mr. Fernando Vidal Ramírez as
Judge
ad hoc.
13.
On September 20, 1996, the State submitted a brief wherein it filed seven
preliminary objections and requested the Court, based on the resulting objections, to
arrange for the application file.
14.
On October 29, 1996, the Commission submitted a reply to the preliminary
objections and requested to Court to underestimate them as a whole.
15.
On November 22, 1996, the State requested an extension of the deadline to
respond to the application, which was granted until December 20, 1996. On
November 26, 1996, the State submitted its reply to said application wherein it
requested the possibility of "sending in an additional brief enough documentation to
prov[e] its statements". In this connection, on December 3, 1996, the President of
the Court granted the extension requested until January 6, 1997.
16.
On January 6, 1997, Peru submitted a note related to the offering of evidence
and on January 15, 1997, it sent "two leaflets with subversive nuances [entitled
Pronouncements and Day of Heroism!] wherein [the] names of Nolberto Durand
Ugarte and [Gabriel] Pablo Durand Rivera, appeared as participants who never gave
up during the riots" that took place in San Juan Bautista prison, known as El Frontón
(hereinafter "El Frontón"), and it also asked the Court to accept said documentation
as evidence.
17.
On January 22, 1997 the Inter-American Commission submitted some
observations to the brief of the State of January 6, 1997, pointing out that it
represented "an extension of the application reply filed by Inter-American Court of
Human Rights, which does not harmonize with what was foreseen by the Rules of
Procedure of the Court, particularly Article 37".
18.
On March 18, 1997, the Secretariat, at the request of the Commission, asked
Peru to send the following documentation: a list of prisoners delivered by the Chief of
Identification of San Juan Bautista Prison to the 2nd Permanent Instruction Judicial
Court of the Navy, a resolution of July 17, 1987 issued by the 6th Correctional Court
of Lima; besides some majority and minority opinions issued by the Investigating
Commission of the Congress of Peru about the facts of June 18 and 19, 1986. On
May 19, 1997 the State reported difficulties to find July 17, 1987 decision, caused by
a fire which took place in 1993, when files inside the Sixth Correctional Court of Lima
were completely destroyed, but it also said it would try to find a copy or submit
written proof from the Superior Court of Justice of Lima to confirm destruction of the
file. On May 20, 1997, the State submitted the list and requested opinions. Until
now, the decision of July 17, 1987 has not been submitted yet. In documentation
submitted on January 24, 1999 there is a note dated January 6, 1998 indicating that
"the Sixth Court presently has been deactivated, [and] the staff who worked there
points out that the Books from 1988 were destroyed during the fire some years ago