5
alleged in its application (supra para. 1) and requested the Court to render
judgment regarding the presumed violation of Articles 2 and 3 of the Inter-American
Convention to Prevent and Punish Torture (hereinafter “Inter-American Convention
against Torture”).
20. On July 22, 2005, the State filed its answer to the application and its
comments on the brief of requests, arguments and evidence (hereinafter the
“answer to the application”), together with documentary evidence. In said answer
Peru partially acknowledged its international responsibility for the violations alleged
by the Commission (supra para.1) as regards Article 4 (Right to Life), Article 5
(Right to Humane Treatment) and Article 7 (Right to Personal Liberty) of the
Convention, as regards Article 1(1) (Obligation to Respect Rights) of the same, in
detriment of Bernabé Baldeón-García, and also acknowledged its responsibility for
the “delay in the administration of justice within the scope of Article 8(1)” (Right to
a Fair Trial) of the said Convention, in detriment of the next of kin of the alleged
victim. However, the State pointed out that the “violation of the right to a fair trial
[...] could be traced back to the date on which the event occurred and up to the
commencement of the transition to democracy, because since November 2000 there
is an environment of Institutional freedom and autonomy so that the General
Attorney’s Office and the Judiciary and any competent authorities may serve in their
positions free from any kind of interference whatsoever by any individual or political
body.” Lastly, the State made no reference to the alleged violations of Article 5
(Right to Humane Treatment) and Article 25 (Judicial Protection) of the Convention,
in detriment of the next of kin of the alleged victim.
21. On August 3, 2005, the Secretariat, following orders of the President,
requested the Commission and the representatives to submit before September 5,
2005, any comments that they might deem appropriate to the partial
acknowledgement of international responsibility made by the State in its answer to
the application.
22. On September 2, 2005, the Commission filed its comments to the partial
acknowledgment of international responsibility made by the State in its answer to
the application (supra para. 20).
23. On September 6 and 8, 2005, the representatives filed their comments to the
partial acknowledgment of international responsibility made by the State in its
answer to the application (supra para. 20).
24. On September 8, 2005, the Secretariat, following instructions of the Court en
banc, requested the State to submit, before September 30, 2005, a statement to
clarify “whether its acknowledgment of international responsibility extended to the
alleged violation of Article 5 (Right to Humane Treatment) and Article 25 (Judicial
Protection) of the American Convention,” in detriment of the next of kin of the
alleged victim.
25. On October 20, 2005, the State, after an extension of term that had been
granted, filed a statement to clarify the acknowledgment of responsibility made in
the answer to the application, in response to the request made by the Court. In that
respect, the State informed that “it made a reserve to address the matters regarding
the international responsibility of the State derived from the violation of Article 5
(Right to Humane Treatment) and Article 25 (Right to Judicial Protection) of the
Convention [...] in detriment of the next of kin of the [alleged] victim.”