8
11.
Amicus curiae. On January 30, 2015, The John Marshall Law School International Human
Rights Clinic submitted an amicus curiae 3 brief.
12.
Final written arguments and observations. On March 2, 2015, the State, the representatives
and the Commission submitted their final written arguments and observations, respectively. In
addition, the State and the representatives submitted various documents together with their briefs.
On April 6, 2015, the State submitted its observations on the documents presented with the final
written arguments of the representatives. The representatives did not submit observations. On
April 13, 2015, and after an extension was granted, the Commission submitted its observations
on the annexes to the final arguments.
13.
Helpful evidence. On February 5, 2015, following the instructions of the President of the
Court and pursuant to Article 58(b) of the Court’s Rules of Procedure, the State was asked to
submit documentation as helpful evidence. In a communication dated March 2, 2015, the State
submitted the documentation requested. On April 13, 2015, and after an extension was granted,
the Commission submitted its observations on the helpful evidence. The representatives did not
submit observations.
14.
Deliberation of the instant case. The Court began deliberation of this judgment on August
31, 2015.
III
JURISDICTION
15.
The Court has jurisdiction to hear this case, pursuant to Article 62(3) of the American
Convention, given that Peru ratified the American Convention on July 28, 1978, and accepted
the contentious jurisdiction of the Court on January 21, 1981.
IV
“RECOGNITION OF THE VIOLATION OF RIGHTS BY THE PERUVIAN STATE” AND
LEGAL CLASSIFICATION OF THE FACTS
A. Arguments of the parties and the Commission
16.
The State indicated that before the Inter-American Commission it affirmed that “there
was a violation of rights; specifically, of the right to life, the right to personal integrity and the
right to personal liberty established in Articles 4, 5 and 7 of the American Convention,” to the
detriment of fifteen people, including seven children. It also held that, “insofar as there were
minors among the persons who were executed and [...] that they were not provided with the
necessary special protection [,] […] the provisions of Article 19 of the Convention [...] on the
rights of the child are consequently applicable.” In this regard, it referred in detail to the facts
considered proven in the judgment of the National Criminal Chamber of February 9, 2012, and
in the final judgment (ejecutoría suprema) of the Supreme Court of Justice of May 29, 2013,
which the judiciary characterized as aggravated homicide with ferocity and premeditation and
as crimes against humanity for the purpose of substantiating their imprescriptible nature, and
not as forced disappearance. Accordingly, the State asked the Court to consider the instant case
under the legal classification of extrajudicial execution and not as forced disappearance. In
addition, it argued that the representatives themselves had endorsed this classification in the
aforementioned criminal proceedings. It also pointed out that the Final Report of the Truth and
Association, and c) for the State: Luis Alberto Huerta Guerrero, Specialized Supranational Public Prosecutor and Principal
Agent; Sofía Janett Donaires Vega and Doris Margarita Yalle Jorges, lawyers of the Office of the Specialized Supranational
Public Prosecutor as Alternate Agents.
3
This brief was submitted by Steven D. Schwinn, Co-director of said Clinic.