2 II FACTS AS SET FORTH IN THE APPLICATION 2. In the following paragraphs, the Court will summarize the facts of the present case as set forth in the application submitted by the Inter-American Commission: a) On February 6, 1993, Luis Alberto Cantoral-Benavides was arbitrarily detained and tortured by agents of the National Anti-Terrorism Bureau (hereinafter "DINCOTE") of the Peruvian National Police; b) Cantoral-Benavides was tried in the Military Jurisdiction of Peru for the crime of treason. On March 5, 1993, the Naval Special Judge acquitted him, and on April 2, 1993, the Special Navy War Council, on appeal, upheld the decision of the Special Judge; c) On August 11, 1993, the Supreme Council of Military Justice, in deciding the appeal for annulment of the Judgment of April 2, 1993, acquitted him and ordered his release. Nevertheless, due to a mistake in the execution of the judgment, his twin brother, Luis Fernando Cantoral-Benavides, who had been sentenced to a twenty-five year prison term, was released in his stead; d) On September 23, 1993, the petitioners filed a writ of habeas corpus on behalf of Cantoral-Benavides, which was rejected by a resolution rendered that same day by the TwentySixth Criminal Court of Lima; e) On September 24, 1993, the Supreme Council of Military Justice decided an extraordinary motion for review of the Judgment of August 11, 1993, that was interposed by the Supreme Deputy Military Prosecutor and, thereby, ordered the case removed to civilian jurisdiction; f) On October 22, 1993, the petitioners filed a motion for review of the Judgment of September 24, 1993, with the Supreme Court of Justice. There is a lack of precision in the terminology referring to the decision adopted by the Court. In its application, the Commission stated that the Court found that it lacked jurisdiction to hear the matter, (cfr. application, p. 17), while in its brief of observations on preliminary objections, the Commission stated that the appeal was declared inadmissible. (cfr. brief of observations, p. 19); g) Cantoral-Benavides was tried in the regular courts for the crime of terrorism; on October 8, 1993, the Forty-Third Criminal Court of Lima issued a writ of inquiry; on October 10, 1994, the "faceless" Special Tribunal of the regular court system, on the basis of the same facts and charges sentenced him to a twenty-year prison term. A motion for annulment of the Court’s ruling was filed with the Supreme Court of Justice, and on October 6, 1995, the earlier ruling was upheld. h) On October 9, 1996, Cantoral-Benavides requested a reprieve from the ad hoc Commission created by Law 26,655. In application of the provisions of the aforementioned law, he was released under Supreme Resolution 078-97-JUS of June 24, 1997. III PROCEEDINGS BEFORE THE COMMISSION 3. On April 18, 1994, a petition on behalf of Cantoral-Benavides was transmitted via fax to the Inter-American Commission, and on April 20, 1994, the original copy of the petition was received at the Secretariat. On August 24, 1994, the Commission forwarded to the State the pertinent parts of the petition pursuant to Article 34 of its Regulations. 4. On September 7, 1994, Peru requested that the Commission refrain from taking up the present case because "the time period for filing the petition had expired, as it had been filed after the period of six months established by Article 46(1)(b) of the Convention." 5. On November 25, 1994, the petitioners informed the Commission that the proceeding before the regular court was pending the decision of the Supreme Court