2
beginning on May 14, 1988 in the District of Cayara, Province of Victor Fajardo,
Department of Ayacucho.
The Commission also requested that the Court find that Peru did not comply with the
terms of Article 1(1) of the Convention by failing to respect or ensure the exercise of
the rights listed above; that the Court rule on the reparations and compensation to
which the victims or their next of kin are entitled pursuant to Article 63(1) of the
Convention; and, that it demand that the Government conduct a full investigation of
the facts denounced in the application, in order to identify the culprits and bring
them to trial. The application identifies 40 persons as victims of arbitrary executions
and disappearances and eight persons as having been tortured; it also refers to
damages caused to public and private property.
3.
In presenting the case, the Commission invoked Articles 50 and 51 of the
Convention and appointed as its delegates Drs. Marco Tulio Bruni-Celli, Chairman,
and Edith Márquez-Rodríguez, Executive Secretary.
In addition, the following
persons were named as advisors: Francisco Soberón-Garrido, Miguel Talavera, Pablo
Rojas-Rojas, Javier Zúñiga, Jill Hedges, Wilder Tyler, Peter Archard, Juan Méndez,
Carlos Chipoco and José Miguel Vivanco.
4.
On February 28, 1992 and after a preliminary review by the President of the
Court (hereinafter “the President”), the Secretariat of the Court (hereinafter “the
Secretariat”) gave notice of the application to the Government, informing it that it
had a period of three months in which to file a written answer to the application
(Article 29(1) of the Rules) and 30 days after notification of the application in which
to interpose preliminary objections (Article 31(1) of the Rules). Peru received the
application on March 3, 1992, and on March 16 informed the Court that it had
appointed Dr. Alonso Esquivel-Cornejo as its Agent. On June 2, 1992, Peru filed its
answer to the application. The application was also transmitted to the persons listed
in Article 28(1) of the Rules.
5.
On April 15, 1992, Peru appointed Dr. Manuel Aguirre-Roca ad hoc Judge.
6.
On March 26, 1992, the Agent interposed the following preliminary
objections:
a.
b.
c.
d.
e.
f.
g.
h.
i.
lack of jurisdiction of the Inter-American Commission on Human
Rights;
litis finitio;
expiration of the time limit for filing of the application;
inadmissibility of the application due to deprivation of Peru’s right of
defense;
inadmissibility of the application due to invalidity of Resolution Nº 1/91
of the Commission;
inadmissibility of the application due to invalidity of the Commission’s
second Report Nº 29/91;
invalidity by reason of estoppel on the part of the Inter-American
Commission on Human Rights;
inadmissibility of the application due to the acceptance of the replies of
the claimants after expiration of the time limit;
inadmissibility of the application due to the acceptance of Amnesty
International as co-petitioner after expiration of the time limit;