7
II
PROCEEDINGS BEFORE THE COURT
6.
Notification to the State and the representatives. The Commission’s submission of the case
and its annexes was notified to the State and the representatives on October 1 and September
30, 2013, respectively.
7.
Brief with pleadings, motions and evidence. On December 10, 2013, the representatives
of the alleged victims, the Paz y Esperanza organization and the Center for Justice and
International Law (CEJIL), submitted to the Court their brief with pleadings, motions and
evidence (hereinafter “pleadings and motions brief”). The representatives substantially agreed
with the Commission’s arguments and asked the Court to declare the responsibility of the State
for the violation of the same articles alleged by the Commission. However, they also alleged
violations of Articles 11, 13 and 21 of the American Convention, to the detriment of the alleged
disappeared victims and their next of kin, for the alleged violation of the rights to private and
family life, to the truth and to private property. In addition, they presented as an alleged victim
a person who did not appear in the Admissibility and Merits Report. Finally, the representatives
requested that the State be ordered to adopt various measures of reparation, as well as the
reimbursement of certain costs and expenses.
8.
Answering brief. On April 16, 2014, the State submitted its brief with preliminary
objections, its answer to the submission of the case and observations to the pleadings and motions
brief (hereinafter “answering brief”). As to the merits of the case, it pointed out that the facts
considered as proven in the domestic judicial rulings and set forth in the Report on Admissibility
and Merits, are configured as extrajudicial executions to the detriment of 15 persons, and that
during the processing of the case before the Commission it stated that said facts constituted
“violations of the right to life, personal integrity and personal liberty, enshrined in Articles 4, 5
and 7 of the American Convention.” Therefore, it maintained that the instant case is not a case
of forced disappearance and that the State is not internationally responsible for any of the
violations alleged in this regard. In relation to the agents appointed for the instant case, on October
29, 2013, Peru appointed Mr. Luis Alberto Huerta Guerrero, Supranational Public Prosecutor, as its
Principal Agent; subsequently, via a communication dated January 12, 2015, the State appointed
Doris Margarita Yalle Jorges and Sofía Janett Donaires Vega, attorneys at the Office of the
Specialized Supranational Public Prosecutor, as alternate agents.
9.
Observations on the preliminary objections. On June 19 and 20, 2014, the Commission
and the representatives of the alleged victims presented, respectively, their observations on the
preliminary objections raised by the State in its answering brief.
10.
Public hearing. In an order of December 4, 2014, 1 the President of the Court called the
Commission, the representatives and the State to a public hearing to receive their observations
and final oral arguments, respectively, on the preliminary objections and possible merits,
reparations and costs, and also to receive the statements of an alleged victim, two witnesses
offered by the State and an expert witness offered by the representatives. In said order, the
President also requested the statements rendered by affidavit of seven alleged victims, two expert
witnesses offered by the Commission and four expert witnesses offered by the representatives.
The public hearing was held on January 26 and 27, 2015, during the 107th regular session of the
Court, which took place at its seat. 2 During the hearing, the parties presented various documents.
Cf. Case of the Peasant Community of Santa Bárbara v. Peru. Order of the President of December 4, 2014. Available at:
http://www.corteidh.or.cr/docs/asuntos/comunidadcampesina_04_12_14.pdf
2
The following persons appeared at the hearing: a) for the Inter-American Commission: Silvia Serrano Guzmán,
lawyer of the Commissions’ Executive Secretariat; b) on behalf of the alleged victims: Francisco Quintana and Charles
Abbott, of the Center for Justice and International Law (CEJIL), and Milton Gens Campos Castillo, of the Paz y Esperanza
1