3
adopted Report No. 99/01 on the merits of the case and recommended that the
State:
1.
[p]rovide adequate reparations to the next of kin of the Gómez Paquiyauri
brothers, including both the moral and the material aspects, for the human rights
violations established in the [...] report, and specifically,
2.
[c]onduct a complete, impartial, and effective investigation of the facts with the
aim of establishing who ordered the crime and punishing whoever was responsible for
the order in connection with the facts pertaining to the kidnapping, torture, and murder
of the Gómez Paquiyauri brothers.
3.
[p]ay the next of kin of the Gómez Paquiyauri brothers a compensation
estimated in accordance with international parameters, sufficient to redress both the
pecuniary and the moral damages suffered by the next of kin of the Gómez Paquiyauri
brothers due to their murder.
10.
On November 5, 2001 the Commission forwarded Report No. 99/01 to the
parties, asked the State to submit a report on the steps taken to comply with the
recommendations of the Commission within two months time, and asked the
petitioners, pursuant to Article 43(3) of the Rules of Procedure of the Commission, to
submit information in connection with filing of the case before the Inter-American
Court.
11.
On January 3, 2002 the State informed the Commission that “it [wa]s taking
the necessary steps [...] to comply with the recommendations” made in Report No.
99/01.
12.
On January 8, 2002 the Commission, “in view of the non-compliance of the
Peruvian State with the recommendations of the report on the merits,” decided to file
the case before the Court.
IV
PROCEEDING BEFORE THE COURT
13.
The Commission filed the application and its appendixes before the InterAmerican Court on February 5, 2002.
14.
The Commission appointed Marta Altolaguirre and Santiago Canton as its
delegates before the Court, and Ignacio Álvarez, Elizabeth Abi-Mershed and Ariel
Dulitzky as its legal advisors.
15.
On February 19, 2002, after a preliminary examination of the application by
the President, the Secretariat forwarded it, together with its appendixes, to the State
and to the representatives of the alleged victims and their next of kin,1 and it
informed both of the deadlines to reply to the application and to appoint their
representatives in the proceeding, as well as to submit the written brief containing
pleadings, motions, and evidence, respectively. The Secretariat also informed the
State that it had the right to appoint an ad hoc judge to participate in the hearing of
the case.
1
In their March 5, 2002 letter, the next of kin of the alleged victims informed the Court of the
appointment of Mónica Feria Tinta as their representative for the proceeding before the Inter-American
Court. The application, its appendixes and the other documents were forwarded to Mónica Feria Tinta on
March 7, 2002. Said representative requested an extension to submit her written brief containing
pleadings, motions, and evidence, and the extension was granted until April 10, 2002, given the specific
circumstances of the instant case.