7 an attempt to reach a friendly settlement. settlement was reached. In the end, however, no friendly 18. On June 17, 1999, after formally notifying the parties, the Commission decided to submit the case to the Court under Article 51 of the Convention. IV PROCEEDINGS WITH THE COURT 19. On July 2, 1999, the Commission filed an application petitioning the Court to decide whether articles 8(1), 8(2)(c), 8(2)(d) and 8(2)(f) (Right to a Fair Trial), 23(1)(c) (Right to Participate in Government) and 25 (Right to Judicial Protection) of the Convention had been violated, all in relation to articles 1(1) (Obligation to Respect Rights) and 2 (Domestic Legal Effects) thereof. It also petitioned the Court to order Peru to “make full and adequate restitution” to Constitutional Court justices Manuel Aguirre Roca, Guillermo Rey Terry and Delia Revoredo Marsano de Mur and restore them to their seats on the bench. It asked the Court to order that the resolutions ordering their removal from the bench –Nos. 002-97-CR, 003-97-CR, and 004-97-CR of May 28, 1997- be nullified. As part of said restitution, the Commission requested indemnification of the salary benefits that these justices ceased to receive in the interim between the time of their removal from the bench and the date of their effective reinstatement, as well as compensation for moral damages. Finally, the Commission asked that Peru be ordered to pay any “reasonable” costs and expenses that the victims and their attorneys incurred in litigating the case in Peruvian courts and before the InterAmerican Commission and the Inter-American Court. 20. The Commission named Mr. Hélio Bicudo and Mr. Carlos Ayala Corao as its delegates; Hernando Valencia Villa and Christina M. Cerna as advisors, and Lourdes Flores Nano, Carlos Chipoco, Manuel Aguirre Rocal, Raúl Ferrero Costa, Juan Monroy Gálvez and Valentín Paniagua Corazao as assistants. 21. On July 12, 1999, an examination of the application found that a number of the appendices were either incomplete or illegible. The Commission was asked to retransmit them. The Commission forwarded part of the requested documentation on July 15 and 23, 1999. 22. By note of July 12, 1999, received at the Office of the Minister of Foreign Affairs of Peru on July 14, 1999, the Secretariat of the Court (hereinafter “the Secretariat”) sent the State notice of the application and advised it of the time limits for answering the application, filing preliminary objections and designating its agents. The State was also advised that it had the right to designate an ad hoc judge. 23. On July 16, 1999, the Ambassador of Peru in Costa Rica came to the seat of the Court to return the application in the Constitutional Court case and its appendices. He also delivered to the Secretariat a note dated July 15, 1999, signed by the Minister in Charge of Foreign Affairs of Peru, which stated the following: 1. By Legislative Resolution, dated July 8, 1999, the Congress of the Republic approved the withdrawal of [Peru’s] recognition of the contentious jurisdiction of the Inter-American Court of Human Rights.

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