2 2.1. Pursuant to the Supreme Council of Military Justice’s September 24, 1993 final judgment, citizen Cantoral-Benavides was subjected to the regular jurisdiction with the commencement of an investigation on the date of October 8, 1993. 2.2. Some days before the beginning of the regular criminal trial, citizen Cantoral-Benavides filed a writ of habeas corpus that was declared inadmissible, precisely because he was under arrest in the regular jurisdiction and as a consequence of the criminal proceeding that had been established. Citizen Cantoral-Benavides did not interpose the writ of appeal and the resolution denying habeas corpus remained in effect. The Political Constitution of Peru and the laws on the subject determine the remedies that can be exercised to exhaust the domestic jurisdiction. Thus, it is evident that as to the writs of guarantee there was no exhaustion of national jurisdiction. 2.3. Following the proceedings to their final determination, the regular criminal trial initiated against citizen Cantoral-Benavides terminated with the judgment of the Supreme Court of the Republic of Peru on the date of October 6, 1995, which upheld the sentence of imprisonment that had been imposed by the Criminal Court. 2.4. Consequently, on having submitted the complaint to the Inter-American Commission on April 18, 1994, the requirements of Article 46(1)(a) of the American Convention were not fulfilled, as the criminal proceedings were in progress and the domestic jurisdiction had not been exhausted. 3. I dissent from the decision to continue with the consideration of the merits for the reasons that I will explain. 3.1. By means of Supreme Resolution No. 078-97-JUS of June 24, 1997, citizen Cantoral-Benavides was granted a reprieve, for which reason the Agent of the Government of Peru requested the dismissal of the case that is being tried by the Court. By means of the June 18, 1998 Resolution of the Court, the request for dismissal was rejected because, among other reasons, the Agent of the Government of Peru maintained the preliminary objections that he had raised. 3.2. With the reprieve and the release of citizen Cantoral-Benavides there has been a removal of the justiciable issues to be dealt with by this Court. Thus, the right to compensation set forth in Article 10 of the American Convention and in Article 139(7) of the Political Constitution of Peru is the only remaining issue in the case. 3.3. Consequently, my dissent from the decision to continue with the consideration of the merits, is based on the above stated reasons and therefore is not limited only to the compensatory aspects. Fernando Vidal-Ramírez Judge ad hoc Manuel E. Ventura-Robles Secretary