-839.
On November 23, 2004, the Court issued an Order, after having received the
comments filed by the Commission and by the State regarding the request for
provisional measures, as well as a new brief filed by the common intervener. In such
Order, the Court decided to dismiss the request for provisional measures and pointed
out that the President or the Court would consider the manner in which to act, if at
the moment of calling the parties to a public hearing in the instant case, the Court
were informed of the possibility that the said representatives would be effectively
prevented from leaving the country.
40.
On January 21, 2005, the State appointed César Gonzáles-Hunt as Deputy
Agent.
41.
On February 16, 2005, the common intervener filed a brief by means of
which he referred to the case and did attach appendixes.
42.
On April 29, 2005, the Defensoría del Pueblo del Perú (Office of the
Ombudsman of Peru) filed a brief and the appendixes thereto in the capacity of
amicus curiae.
43.
On May 4, 2005, Joseph Campos-Torres, Manuel Saavedra-Rivera, Héctor
Paredes-Márquez and Cristina Rojas-Poccorpachi submitted a brief with an appendix
attached, by means of which they expressed their “concern about the legal status of
Attorney Ana María Zegarra-Laos and Messrs. Manuel Antonio Condori-Araujo and
Guillermo Nicolás Castro-Bárcena,”, common interveners, since “there is a criminal
complaint lodged against them before the Primer Juzgado Penal Especial
Anticorrupción (First Special Anti-corruption Criminal Court),” and requested the
Court to “reconsider and review the designation of the common interveners.” The
following day, the Secretariat informed them that, pursuant to the decision of the
Court of November 23, 2004, if at the moment of convening the parties to a public
hearing in the instant case, the Court were informed of the possibility that the said
representatives would be effectively prevented from leaving the country, then, in
that case, the President or the Court would consider the manner in which to act
(supra para. 39.)
44.
On May 13, 2005, the State filed a communication by means of which it
referred to the brief filed by the Defensoría del Pueblo del Perú (Office of the
Ombudsman of Peru) in the capacity as amicus curiae (supra para 42.)
45.
On May 13, 2005, Peru filed another statement by means of which it
requested the Court “that it may be pleased to consider the possibility of sending a
request addressed to the Primer Juzgado Penal Especial (First Special Criminal Court)
of the Corte Superior de Justicia de Lima (Supreme Court of Justice of Lima) in order
for this criminal court to send, by a confidential public and guaranteed means, a
certified copy of the testimony [rendered by María Angélica Arce-Guerrero and
Matilde Pinchi-Pinchi, both secretaries of the former Advisor to the Servicio de
Inteligencia Nacional (National Intelligence Service), Vladimiro Montesinos,] since it
“would be highly enlightening for the judgment of this Honorable Court to get
acquainted with the full content of such testimonies and, in view of its status as
jurisdictional organ, access to such information could not be denied; even though,
and for obvious reasons, the handling of such information shall be kept strictly
confidential reserve.” Furthermore, the State pointed out that “in case that the
procedure requested was not admitted by the rules of the Honorable Court, [....] it is
requested that the testimonies of the above-mentioned persons be admitted through