6
18.
By note of October 1, 1996, the Secretary asked the State to request a
report from the Supreme Court of Justice of Peru as to whether Cantoral-Benavides
or some person representing him, interposed a motion for review of the final
judgment of October 6, 1995. Said document was not submitted by Peru.
19.
hoc.
On October 4, 1996, the State named Fernando Vidal-Ramírez as judge ad
20.
On October 30, 1996, the Commission submitted its written brief on the
preliminary objections raised by the State and requested that the Court dismiss
them all.
21.
On November 13, 1996, the State requested an extension of the period to
answer the application, which the Court granted until December 16, 1996.
22.
On December 12, 1996, Peru submitted its answer to the application.
23.
On March 9, 1998, the President summoned Peru and the Commission to a
public hearing to hear their oral arguments on the preliminary objections raised in
this case. The aforementioned hearing took place on June 8, 1998.
There appeared
for the Government of Peru:
Walter Palomino-Cabezas, alternate agent
Ana Reátegui-Napurí, counsel, and
Jennie Vizcarra-Alvizuri, counsel
for the Inter-American Commission on Human Rights:
Domingo E. Acevedo, delegate
Marcela Matamoros, assistant and
Iván Bazán, assistant.
24.
By note of August 18, 1998, the Secretariat, following the instructions of the
Court, requested that Peru, pursuant to Article 44 of the Regulations, provide as
best evidence a duly certified copy of the judicial document containing the date that
the alleged victim was officially notified of the judgment of September 24, 1993,
and a copy of the law that governs all procedural aspects of the extraordinary
remedy of review in both the military and regular jurisdicitions.
The
aforementioned documents were not remitted by the State.
V
JURISDICTION
25.
The Court has jurisdiction under Article 62(3) of the Convention, to hear the
preliminary objections raised by Peru in the instant case. Peru has been a State
Party to the American Convention since July 28, 1978, and accepted the jurisdiction
of the Court on January 21, 1981.
VI
EXHAUSTION OF DOMESTIC RESOURCES
26.
The Court observes that the objections basically relate to three procedural
questions: the alleged failure to exhaust domestic remedies (first and seventh
objections); the alleged lapse in the filing of the complaint and the application