6
María Elena Castillo;
Pedro Telmo Vega-Valle;
Víctor Álvarez-Pérez;
Elba Greta Minaya-Calle;
Rosa María Quedena-Zambrano; and
Julio Guillermo Neira.
As the expert proposed by the Inter-American Commission:
Arsenio Oré-Guardia.
The State did not participate in the public hearing, despite having been summoned.
Also absent was the Naval Investigating Judge identified with the code number BT10003000, proposed as a witness by the Commission (supra para. 29).
31.
On March 3, 2000, the Secretariat, on instructions from the President,
informed the State and the Commission that they would have until April 11, 2000, to
submit their final written briefs on the merits of the case.
32.
On March 6, 2000, the Court, pursuant to the powers conferred upon it in
Article 44 of its Rules of Procedure, decided to incorporate into the evidence of this
case the following evidence produced in the Loayza-Tamayo case:
the legal
provisions related to the crimes of terrorism and treason against the fatherland (infra
para. 38); five testimonies given in Peru; two testimonies (infra para. 38) and three
expert testimonies (infra para. 38) given before the Court in a public hearing on the
merits which began on February 5, 1997; and one testimony (infra para. 38) given
before the Court at the public hearing on reparations which began on June 9, 1998.
It also asked the State for information relative to any petition(s) regarding torture
that Mr. Cantoral-Benavides had submitted to Peruvian authorities, and an official
document stating the date on which he was released.
Said information was
submitted by the State on April 10, 2000. Also, on March 27, 2000, the President of
the Court asked the State to provide as additional evidence, under the powers
referenced above, the files related to the military and civilian trials of Luis Alberto
Cantoral-Benavides for the crimes of treason against the fatherland and terrorism.
33.
On March 27, 2000, the Court asked the Secretary General of the
Organization of American States (hereinafter “OAS”) for information as to whether
the State had informed the OAS of a state of emergency or suspension of guarantees
decreed between February 3, 1993 and October 6, 1995. On May 10, 2000, the
Director of the International Law Department of the General Secretariat of the OAS,
Mr. Jean-Michel Arrighi, informed the Court that no notification had been received
from the Peruvian State regarding a suspension of guarantees on the dates cited.
On May 31, 2000, the Secretary General of the OAS, Mr. César Gaviria, sent
information related to the notification by the State of the suspension of guarantees in
Peru during several periods (infra para. 42.). On June 2, 2000, the State submitted
its comments on the note dated May 10 of this year.
34.
On April 11, 2000, the Commission filed its final written briefs. The State did
not file final written briefs.
35.
On May 23, 2000, the State filed, beyond the time allowed for same, a
certified copy of the files of the criminal trial of Luis Alberto Cantoral-Benavides and
others for the crime of terrorism, as part of the additional evidence requested on
March 27 of this year.