2 TABLE OF CONTENTS CASE OF THE PEASANT COMMUNITY OF SANTA BÁRBARA V. PERU 1 I INTRODUCTION OF THE CASE AND CAUSE OF THE ACTION 5 II PROCEEDINGS BEFORE THE COURT 7 III JURISDICTION 8 IV RECOGNITION OF THE VIOLATION OF RIGHTS BY THE PERUVIAN STATE” AND LEGAL CLASSIFICATION OF THE FACTS 8 A. Arguments of the parties and the Commission B. Considerations of the Court V PRELIMINARY OBJECTIONS A. Failure to exhaust domestic remedies A.1. Arguments of the parties and the Commission A.2. Considerations of the Court 8 10 14 14 14 16 B. Objection ratione materiae with respect to the Inter-American Convention on Forced Disappearance of Persons 17 B.1. Arguments of the parties and the Commission VI PRELIMINARY CONSIDERATIONS A. Inclusion of Marcelina Guillén Riveros as an alleged victim by the representatives 17 19 19 A.1. Arguments of the parties and the Commission 19 A.2. Considerations of the Court 19 B. Regarding the alleged victim Marino Huamaní Vergara 21 C. Inadmissibility of new facts and/or arguments presented by the representatives of the alleged victims not raised by the Commission in its Admissibility and Merits Report: alleged violation of the right to property and the prohibition of arbitrary interference in family life (Articles 21 and 11(2) of the American Convention) 22 C.1. Arguments of the parties and the Commission 22 C.2. Considerations of the Court 23 D. Delimitation of the dispute 24 VII EVIDENCE A. Documentary, testimonial and expert evidence 24 24 B. Admission of the evidence 24 C. Assessment of the evidence 26 VIII FACTS A. The families involved in the instant case 27 27 B. Context: the conflict in Peru and the situation in the Department of Huancavelica and the Santa Bárbara area 28 C. Events in the peasant community of Santa Bárbara 29 D. Complaints filed, the removal of human remains and evidence found 31