3.
Requests of the Inter-American Commission. – Based on the foregoing, the Commission
requested the Court to declare the international responsibility of the State for the same violations
indicated in its Report on the Merits (supra para. 1). Furthermore, the Commission requested the
Court to order the State to provide certain reparation measures, which are detailed and analyzed
in chapter IX of this judgment
II
PROCEEDINGS BEFORE THE COURT
4.
Notification to the representatives and to the State. – The submission of the case was
notified by the Court to the alleged victim’s representative 4 (hereinafter “the representative”) and
to the State on November 21, 2017.
5.
Brief containing pleadings, motions and evidence. – On January 27, 2018, the alleged
victim’s representative submitted to the Court the brief containing pleadings, motions and
evidence (hereinafter “the brief containing pleadings, motions and evidence”). The representative
substantially agreed with the Commission’s claims and requested the Court to declare the
international responsibility of the State for the violation of the same articles claimed by the
Commission, as well as the violation of Article 9 of the Convention, 5 to the detriment of Jorge
Enrique Rosadio Villavicencio. Furthermore, the alleged victim, through his representative, applied
for the Victims’ Legal Assistance Fund of the Inter-American Court (hereinafter “the Legal
Assistance Fund”). Lastly, it asked the Court to order the State to adopt reparation measures and
to reimburse certain legal expenses and costs.
6.
Answering brief. – On June 28, 2018, the State submitted to the Court its answering brief
to the submission of the Report on the Merits by the Inter-American Commission and the
representative’s brief containing pleadings, motions and evidence (hereinafter “the answering
brief”).6
7.
Victims’ Legal Assistance Fund. – The order of the President of the Court dated September
17, 2018, accepted the request filed by the alleged victim to avail himself of the Court’s Legal
Assistance Fund.7
8.
Observations on the preliminary objections. – On September 12 and 13, 2018, the
Commission and the representative submitted, respectively, their observations on the preliminary
objections filed by the State and requested that the objections be dismissed. The representative
submitted annexes along with the brief of September 13, 2018. On September 28, 2018, the State
submitted its observations to the annexes and on October 4, 2018, the Commission indicated that
it did not have any observations. On October 18, 2018, the victim’s representative submitted a
“justification for [its] presentation of annexes, on which the State of Peru submitted observations
[…],” along with additional annexes.
The attorney César Villacorta Spinner acted as the victim’s representative in this case.
In the Admissibility Report in the instant case, the Commission indicated that “the petitioner did not specify the
alleged violation of Article 9 of the Convention; therefore, it is not applicable to admit this violation since in the context of
the petition there are no facts that characterize it as such.” However, in the same report it decided “to [d]eclare admissible
the allegations contained in the instant case regarding the alleged violation of Articles 1(1) 7, 8 and 9 of the American
Convention to the detriment of Jorge Rosadio Villavicencio by the State of Peru.” On March 12, 2018, the alleged victim’s
representative submitted “additional information” regarding the case that will not be taken into consideration since it is
time-barred.
6
In the communication of December 28, 2017, the State appointed Iván Arturo Bazán Chacón as Agent, and Luis
Alberto Huerta Guerrero, Sergio Manuel Tamayo Yáñez and Helmut Andrés Olivera Torres as Deputy Agents.
7
Cf. Case of Rosadio Villavicencio v. Peru. Victims’ Legal Assistance Fund. Order of the President of the InterAmerican Court of September 17, 2018. Available at: http://www.corteidh.or.cr/docs/asuntos/villavicencio_fv_18.pdf.
4
5
5