6
10.
Public hearing. In an order of the President of the Court of November 21, 2016,4 it was
decided, inter alia: (a) to call the parties to a public hearing5 to receive the statements of the
presumed victim, and two expert witnesses; one proposed by the Commission and the other by
the State, and (b) to require, pursuant to the principle of procedural economy and the authority
granted by Article 50(1) of the Court’s Rules of Procedure, that two expert witnesses, one
proposed by the State6 and the other by the representatives,7 provide their opinions by affidavit.8
The public hearing was held on February 7, 2017, in San José, Costa Rica, during the 117th regular
session of the Court.9 During the hearing, the Court received the statements of the presumed
victim, Mr. Lagos del Campo, expert witness Damián Loreti proposed by the Commission, and
expert witness César Gonzáles Hunt proposed by the State. It also heard the final oral arguments
of the representatives and the State, and the final oral observations of the Commission.
11.
Final written arguments and observations. On March 8, 2017, the State and the
representatives presented their final written arguments with annexes, and the Commission
presented its final written observations. On March 9, 2017, the Court’s Secretariat forwarded the
annexes to the final written arguments to the parties and the Commission and asked them to
remit any observations they deemed pertinent. In a communication of March 20, 2017, the
representatives presented observations on some of the annexes.
12.
Disbursements in application of the Legal Assistance Fund. On April 7, 2017, the
Secretariat, on the instructions of the President of the Court, forwarded information to the State
on the disbursements made in application of the Legal Assistance Fund in this case and, as
provided for in article 5 of the Rules for the Operation of the Fund, granted it a time frame to
present any observations it deemed pertinent. The State presented its observations on April 17,
2017.
13.
Deliberation of the case. The Court began deliberating this judgment on May 18, 2017,
and continued on August 29, 2017.
III
JURISDICTION
14.
The Court has jurisdiction to hear this case pursuant to Article 62(3) of the American
Convention, because Peru ratified the American Convention on July 28, 1978, and accepted the
contentious jurisdiction of the Court on January 21, 1981.
http://www.corteidh.or.cr/docs/asuntos/lagos_fv_16.pdf.
Case of Lagos del Campo v. Peru. Call to a public hearing. Order of the President of the Court of November 21,
2016. Available at: http://www.corteidh.or.cr/docs/asuntos/ lagos_21_11_16.pdf
4
Due to scheduling problems, in a Secretariat note of December 8, 2016, the public hearing in this case was rescheduled for February 7, 2017, at 9 a.m. Also, the meeting prior to the hearing was re-scheduled for February 6 at the
seat of the Court. Consequently, the Court established the date of March 8, 2017, as the deadline for presentation of the
final written arguments and final written observations.
5
6
In a communication of January 30, 2017, the State withdrew its offer of the expert opinion of Omar Sar Suárez.
7
The affidavit of Carlos Alberto Jibaja Zárate was received on January 30, 2017.
The President of the Court declared access to the Victims’ Legal Assistance Fund of the Inter-American Court
admissible and determined that financial assistance would be provided to cover the necessary transportation and
accommodation expenses for the presumed victim, Mr. Lagos del Campo, to appear before the Court to give his statement
during the public hearing, and also for the reasonable expenses required for the preparation and mailing of the affidavit
of expert witness Carlos Alberto Jibaja Zárate offered by the representatives.
8
There appeared at this hearing: (a) for the Inter-American Commission: Edison Lanza, Special Rapporteur for
Freedom of Expression, Silvia Serrano Guzmán, Adviser, and Ona Flores, Adviser; (b) for the representatives of the
presumed victim: Christian Henry Huaylinos Camacuari and Caroline Dufour, and (c) for the State: Iván Arturo Bazán
Chacón, Sofía Janett Donaires Vega and Silvana Lucía Gómez Salazar.
9