6
the application, filing preliminary objections and designating its agents.
was also advised that it had the right to designate an ad hoc judge.
The State
20.
On May 17, 1999, the Ambassador of Peru in Costa Rica informed the Court
that the application in this case had been received on May 12 of that year at the
Office of the Minister of Foreign Affairs of Peru.
21.
On June 8, 1999, the State designated Mr. Marío Federico Cavagnaro Basile
as agent and Mr. Sergio Tapia Tapia as alternate agent. It indicated the address
where all communications relative to the case would be received.
22.
On June 11, 1999, the State presented a brief wherein it listed what it
considered to be discrepancies regarding the time period for designating an ad hoc
judge and requested a reasonable extension of the time limit given for that purpose.
An extension was given so that the new time limit expired on July 11, 1999.
23.
On August 4, 1999, the Minister and Counselor of Peru’s Embassy in Costa
Rica appeared before the Inter-American Court in San Jose, Costa Rica, to return the
application filed in the Ivcher Bronstein case and its attachments.
Said officials
delivered a note to the Secretariat, dated August 2, 1999, and signed by the Minister
of Foreign Affairs of Peru, which states the following:
a.
By Legislative Resolution No. 27152, 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.
b.
On July 9, 1999, the Government of the Republic of Peru deposited with the
General Secretariat of the Organization of American States the instrument wherein it
declares that, pursuant to the American Convention on Human Rights, the Republic of
Peru is withdrawing the declaration consenting to the optional clause concerning
recognition of the contentious jurisdiction of the Inter-American Court of Human Rights…
c.
… The withdrawal of recognition of the Court’s contentious jurisdiction takes
immediate effect as of the date on which that instrument is deposited with the General
Secretariat of the OAS, in other words, July 9, 1999, and applies to all cases in which
Peru has not answered the application filed with the Court.
Lastly, in that same brief the State wrote that “notification contained in note CDH11,762/002, dated May 10, 1999, concerns a case in which that Honorable Court is
no longer competent to consider the applications filed against the Republic of Peru
under the contentious jurisdiction provided for in the American Convention on
Human Rights.”
24.
On September 10, 1999, the Commission submitted its observations
concerning Peru’s return of the application and its attachments. In its brief, the
Commission stated the following:
a.
The Court asserted jurisdiction to consider the instant case as of March
31, 1999, the dated on which the Commission filed the application. Peru’s
purported “withdrawal” of its recognition of the Court’s contentious
jurisdiction on July 9, 1999, and its return of the application and its
attachments on August 4, 1999, have no effect whatever on the Court’s
exercise of jurisdiction in the instant case;
b.
A unilateral action by a State cannot divest an international court of
jurisdiction it has already asserted; the American Convention contains no