5
18.
On August 24, 2004, the Secretariat served the application and the appendixes
thereto on the State, and notified it of the term within which it was to file an answer
and appoint its agent to act in the proceedings. On September 23, 2004, the State
appointed Felipe Villavicencio-Terreros as agent in the instant case.
19.
On October 5, 2004, Carolina Loayza-Tamayo and Rosalía Uzátegui, Executive
Director of the International Law Research and Legal Counseling Center (Centro de
Investigación y Asistencia Legal en Derecho Internacional, hereinafter “IALDI”), as
representatives, filed a brief of requests and arguments, attaching documentary
evidence thereto. The representatives requested the Court that, in addition to ruling on
the rights asserted by the Commission (supra paras. 1 and 2), it rule on the alleged
violation of Article 5 (Right to Humane Treatment), 11 (Right to Privacy), 13 (Freedom
of Thought and Expression), 17 (Rights of the Family), 24 (Right to Equal Protection)
and 25 (Right to Judicial Protection) of the Convention, and Articles 1, 2, and 6 of the
Inter-American Convention to Prevent and Punish Torture.
20.
On December 23, 2004, the State filed its answer to the application and its
observations on the brief of requests and arguments and the documentary evidence
attached thereto filed by the representatives.
21.
On February 16, 2005, the representatives forwarded several documents which
were produc[ed] after the date on which the brief of requests and arguments in
relation to Urcesino Ramírez-Rojas were filed (infra para. 90).
22.
On February 28, 2005, the Secretariat, on instructions from the President,
required the State, as evidence to facilitate the adjudication of the case, to submit a
copy of the judicial case files of the proceedings instituted before the domestic courts
against the alleged victims, together with a copy of the laws and regulations applicable
to the proceedings instituted before the Peruvian courts against said persons.
23.
On March 14, 2005, the State filed documentary evidence on the advances
made in the criminal proceedings instituted against the alleged victims (infra para. 90).
24.
On March 18, 2005, the President issued an Order whereby, under Article 47(3)
of the Rules of Procedure, he required Celia Asto-Urbano and Urcesino Ramírez-Rojas,
proposed as witnesses by the Commission, to give testimony through affidavits, which
should be forwarded to the Court before April 11, 2005 and would be served upon the
representatives and the State so that they could file the observations they might deem
fit. Moreover, the President attached to the case file, as documentary evidence, the
reports submitted by the expert witnesses appointed in the case of De La Cruz Flores
against Peru, Mario Pablo Rodríguez-Hurtado, Carlos Rivera-Paz, and José Daniel
Rodríguez-Robinson, who were proposed by the Inter-American Commission as expert
witnesses in the instant case. Said evidence would be served upon the representatives
and the State so that they could file the observations they might deem fit.
Furthermore, the President called the Commission, the alleged victim’s representative,
and the State to a public hearing to be held on May 10, 2005 in the city of Asuncion,
Paraguay, at the seat of the Supreme Court of Paraguay, in order to hear the
testimonies of the witnesses proposed by the Commission as mentioned below (infra
para. 87), and the parties’ closing oral arguments on the merits, reparations, and
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