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preliminary objections presented by the Government of the Republic of Peru (hereinafter
“the Government” or “Peru”).
I
1.
This case was submitted to the Inter-American Court of Human Rights (hereinafter
“the Court” or “the Inter-American Court”) by the Inter-American Commission on Human
Rights (hereinafter “the Commission” or the “Inter-American Commission”) by petition of
January 12, 1995, which was received the following day at the Secretariat of the Court
(hereinafter “the Secretariat”). The case originated in a complaint (No. 10.733) against Peru
lodged with the Secretariat of the Commission on November 16, 1990.
2.
In referring the case to the Court, the Commission invoked Articles 50 and 51 of the
American Convention on Human Rights (hereinafter “the Convention” or “the Inter-American
Convention”) and Articles 26 et seq. of the Rules of Procedure. The Commission submitted
this case to the Court for a decision as to whether, with the alleged “abduction and
subsequent disappearance of Ernesto Rafael Castillo-Páez by the Peruvian National Police in
violation of the Convention”, the Government had violated the following articles of the
Convention: 7 (Right to Personal Liberty), 5 (Right to Humane Treatment), 4 (Right to Life),
8 (Right to a Fair Trial) and 25 (Right to Judicial Protection), all these in relation to Article
1(1) (Obligation to Respect Rights).
Additionally, the Commission asked the Court:
2.
To order the Government of Peru to conduct the necessary investigations to identify,
prosecute and punish those responsible for the forced disappearance of Ernesto Rafael Castillo-Páez.
3.
To request the Government of Peru to report on the location of the remains of Ernesto Rafael
Castillo-Páez to the victim's next of kin and deliver up such remains to them.
4.
To order the Peruvian State to provide full material and moral compensation to the family of
Ernesto Rafael Castillo-Páez for the grievous suffering they have endured as a result of the
numerous violations of rights protected by the Convention. Also, that it declare the State liable to
make such material and moral reparations to Dr. Augusto Zúñiga-Paz for the damage he sustained
for his defense of the young Castillo-Páez.
5.
To order the Government of Peru to pay the costs of these proceedings, including the fees of
the professionals who represented the victim both in the petition filed with the Commission and in
the case filed with the Court.

3.
The Inter-American Commission named as its Delegate, Patrick Robinson, member,
and as its Attorneys, Edith Márquez-Rodríguez, Executive Secretary, and Domingo E.
Acevedo, Special Advisor to the Secretariat. In addition, the Commission named as
Assistants the following persons: Juan Méndez, José Miguel Vivanco, Ronald Gamarra,
Kathia Salazar, Viviana Krsticevic, Verónica Gómez and Ariel E. Dulitzky, who represented
the plaintiff as petitioners before the Commission.
4.
On February 9, 1995, after the President of the Court (hereinafter “the President”) had
made the preliminary review of the application, the Secretariat notified the Government of
the application and informed the State that it had a period of three months in which to
answer, two weeks to name an Agent and Alternate Agent and thirty days to present
preliminary objections. The Government was also invited to designate a Judge ad hoc and
received the notification on February 13, 1995.

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