5
d) Notification to the State. On February 13, 2017, the Commission notified the Merits Report
to the State, granting it two months to report on its compliance with the recommendations.
The State requested an initial extension of 60 days, which was granted by the Commission.
However, in the absence of substantive information on its progress in complying with the
recommendations of the Merits Report, the Commission decided not to grant the State a
second extension as requested and, therefore, to submit the case to the jurisdiction of the
Court.
3.
Submission to the Court. On July 13, 2017, the Commission submitted the case to the InterAmerican Court, given the need to obtain justice for the victim.
4.
Requests of the Inter-American Commission. Based on the foregoing, the Commission asked
the Court to declare the State’s international responsibility for the same violations indicated in its
Merits Report (supra para. 1), to the detriment of Mr. Oscar Muelle Flores. In addition, it asked the
Court to order the State to implement certain measures of reparation, which are specified and
analyzed in Chapter VIII of this Judgment.
II
PROCEEDINGS BEFORE THE COURT
5.
Designation of Inter-American Public Defenders. On September 8, 2017, Mr. Oscar Muelle
requested that the Court appoint an Inter-American Public Defender. Following the relevant
communications with the Inter-American Association of Public Defenders (hereinafter “AIDEF”),2 on
September 20, 2017, the Association’s General Coordinator informed the Court that Renée Mariño
Álvarez (Uruguay) and Isabel Penido de Campos Machado (Brazil) had been designated as InterAmerican Public Defenders to act as legal representatives (hereinafter, “the representatives”) 3 of the
alleged victim in this case.
6.
Notification to the State and to the representatives. The Court notified the Commission’s
submission of the case to the State of Peru on October 9, 2017 and to the Inter-American Public
Defenders of the alleged victim on October 17, 2017.
7.
Brief of pleadings, motions and evidence. On December 10, 2017, the representatives filed
their brief of pleadings, motions and evidence before the Court (hereinafter “pleadings and motions
brief”). Overall, the representatives agreed with the allegations presented by the Commission. In
addition to the violations alleged by the Commission, they presented further arguments regarding
the alleged violation of the rights to judicial guarantees and judicial protection recognized in Articles
8(1) and 25(1) of the Convention, in relation to Articles 1(1) and 2 thereof, as well as the alleged
violation of economic, social and cultural rights (Article 26), specifically pension rights, in relation to
Article 1(1) of the Convention.
recognizing former workers’ pension rights; b) Ensure that proper safeguards are in place in privatization processes so that
these actions do not impede compliance with judicial rulings in favor of retirees; c) Ensure that judgment execution processes
meet the conventional standards of straightforwardness and promptness, and d) Ensure that the judicial authorities hearing
such processes are legally empowered to apply, and do so in practice, the coercive mechanisms needed to guarantee
compliance with judicial rulings.”
2
In a communication dated September 11, 2017, pursuant to Article 2 of the Agreement of Understanding between the
AIDEF and the Court, and following the instructions of the President of the Court, the General Coordinator of AIDEF was asked
to appoint, within 10 days, the defender who would act as legal representative in this case and to provide details of an address
for the notification of pertinent communications.
3
The AIDEF designated Mrs. Alicia Margarita Contero Bastidas (Ecuador) as alternate Inter-American Public Defender.