14. Helpful information and evidence. On February 7, 2020, the President of the Court asked
the State to present helpful documentation. Peru presented this information on February 13
and 28, 2020.
15. Observations on the helpful information and evidence. On October 21, 2019, the
Commission, the representatives and the State presented their observations on the annexes
presented with the final written arguments. The representatives and the Commission also
presented their observations on the helpful evidence presented by the State.
16. Deliberation of this case. The Court began to deliberate this judgment on March 12,
2020.
III
JURISDICTION
17. The Court has jurisdiction to hear this case, pursuant to Article 62(3) of the Convention,
because Peru has been a State Party to this instrument since July 28, 1978, and accepted the
contentious jurisdiction of the Court on January 21, 1981. In addition, the State ratified the
Inter-American Convention to Prevent and Punish Torture on March 28, 1991.
IV
PRELIMINARY OBJECTIONS
18. In this case, the State filed three preliminary objections relating to: (a) the alleged
failure to exhaust domestic remedies; (b) the subsidiary nature of the inter-American system,
and (c) the “fourth instance” objection.
A.
Alleged failure to exhaust domestic remedies
A.1
Arguments of the parties and of the Commission
19. The State argued that “the order to dismiss the proceedings […] requiring the archive
of the criminal investigation for the offenses of rape and abuse of authority could have been
contested by the presumed victim and/or her representatives […] pursuant to domestic law.”
In this regard, it indicated that the remedy was filed belatedly. Therefore, the State argued
that the presumed victim had incurred in an “improper exhaustion of domestic remedies” and,
consequently, the Commission should have declared the petition inadmissible.
20. The Commission reiterated the analysis made in the Admissibility Report. It also
indicated that “in the case of acts of torture such as those denounced by Azul Rojas Marín, the
domestic remedies should be provided by the State ex officio”; therefore, “an appeal against
a specific procedural measure should not be understood as an appropriate and effective
remedy in cases of serious human rights violations, because an appropriate and effective
remedy would be the integrity of the investigation and criminal proceedings that […] should
be opened and conducted satisfactorily and, ex officio, by the State.” It also asserted that,
the analysis of admissibility revealed that “there were numerous indications that prima facie
pointed to the ineffectiveness of the investigations that were conducted and that culminated
in the dismissal of the proceedings” and that “[o]n this basis, the Commission made a
preliminary decision on the lack of effectiveness of the domestic remedies which was amply
confirmed in its analysis of the merits.” The Commission asked the Court not to diverge from
the analysis made in the Admissibility Report and to reject the preliminary objection filed by
the State.
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