5
lapse of the application as to the allegations of illegal and arbitrary arrest, torture and
illegal treatment by agents of DINCOTE, and the subsequent judgment of Luis Alberto
Cantoral-Benavides in a military court.
Third Objection:
lapse of the application to the extent that it declares that the Peruvian State is
responsible for the violation of Article 7 of the Convention to the detriment of Luis
Alberto Cantoral-Benavides, for ordering the release of his twin brother, instead of
ordering his release in compliance with the August 11, 1993 Judgment of the Supreme
Council of Military Justice.
Fourth Objection:
lapse of the part of the application that requests that the Court declare the Peruvian
State responsible, because the proceedings against Luis Alberto Cantoral-Benavides
for the crime of treason against the fatherland in the exclusive military jurisdiction and
then for terrorism in the regular jurisdiction, violated to his detriment the rights and
guarantees of legal due process, including the right to be heard by an independent and
impartial tribunal (Article 8(1) of the Convention), the right to the presumption of
innocence of the accused (Article 8(1) and (2) of the Convention), the right to a
defense (Article 8(2)(d)), the right not to be compelled to be a witness against himself
and not to be coerced in any way, (Article 8(2)(g) and (3) of the Convention), the
guarantee that prohibits double jeopardy (Article 8(4) of the Convention), and that as
a consequence of the violation of the rights set forth in Articles 5, 7, 8, and 25 of the
Convention, it has also violated Article 1(1) of the aforementioned Convention as
regards the duty to respect the rights and freedoms therein and to ensure and
guarantee their free and full exercise to all persons subject to its jurisdiction.
Fifth Objection:
lack of a prior demand, non-exhaustion of domestic remedies, lack of standing, lack of
jurisdiction, and the lapse of the part of the application which requests that the Court
declare that the Peruvian State has violated Article 2 of the Convention by not
modifying the anti-subversion laws which are contrary to the aforementioned
Convention.
Sixth Objection:
lapse of the part of the application that demands that the Peruvian State make
reparations to Luis Alberto Cantoral-Benavides, by compensating him and ordering his
release.
Seventh Objection:
lack of competence as to the application in its entirety.
16.
By note of September 26, 1996, in accordance with a request from Peru, the
Secretary asked the Commission to remit, "all documents pertaining to the petition
presented on behalf of Cantoral-Benavides, including resolutions, pronouncements,
decisions, and charges" concerning the September 7, 1994, and February 15, 1995
notes from Peru and the November 25, 1994 note from the petitioners, referring
respectively, to the alleged lapse, non-exhaustion of domestic remedies, and the
information remitted by the petitioners that a motion for annulment was pending in
the regular court.
On October 25, 1996, the Commission responded that "it had not adopted a specific
resolution, pronouncement, or decision with respect to those documents. The only
pronouncement of the Commission regarding the file and the documentation in it
was expressed in Report 15-A/96 which was approved by the ICHR at its NinetyFirst Regular Session in February of this year."
17.
Moreover, in the same note, the Secretary of the Court asked the
Commission, in accordance with Peru’s request, to remit any documentation
pertaining to a writ of habeas corpus filed on behalf of Cantoral-Benavides.