5
reputation that has been inflicted by treating him as a criminal, for
freezing his property, for the wages he lost when he could not exercise
his right to work while he was unjustly imprisoned, and for the general
anguish of being obligated to receive medical treatment from a doctor
whom he did not choose.
Finally, the Commission requested that the Peruvian State be ordered to pay the
costs of this proceeding.
14.
The Commission named Oscar Luján Fappiano as its delegate; Jorge E. Taiana
and Christina M. Cerna as its attorneys; and Alberto Borea Odría as its assistant.
15.
On January 22, 1998, the Secretariat of the Court (hereinafter "the
Secretariat"), after a preliminary review of the application by the President of the
Court (hereinafter "the President"), notified the State of the receipt of the application
and informed it of the time periods to answer the application, raise preliminary
objections, and name its representatives. The State was also invited to designate an
ad hoc judge.
16.
On February 20, 1998, Peru designated David Pezúa Vivanco as Judge ad hoc.
17.
On March 20, 1998, Peru designated Jorge Hawie Soret as its agent.
18.
On the same day, the State interposed the following preliminary objections
(capitalized in the original):
(1)
(2)
(3)
(4)
failure to exhaust domestic remedies when the [Commission], admitted the
petition of the alleged victim for processing; and inappropriate legal action [;]
incompetence and jurisdiction [;]
res judicata [;]
lack of a prior demand by the Commission [;]
and requested that the Court order the case closed.
19.
On April 20, 1998, the Commission submitted its brief, in which it requested
that the Court reject “all” the preliminary objections raised.
20.
On May 22, 1998, the State submitted its answer to the application.
21.
On September 14, 1998, the President summoned the State and the
Commission to a public hearing, to be held on November 24, 1998 at the seat of the
Court, to hear their oral arguments on the preliminary objections raised by Peru.
The President also summoned expert witnesses named by the Commission, Valentín
Paniagua Corazao, Julio B. Maier, and Néstor Sagües, to deliver their reports in the
aforementioned hearing.
22.
On October 21, 1998, the Commission requested that the Court accept
Samuel Abad Yupanqui in substitution of expert Julio B. Maier, as Maier had been
named magistrate of the Court of Appeals of the self-governing city of Buenos Aires.
On October 23, 1998, the President designated Abad Yupanqui as expert and
summoned him to the public hearing on preliminary objections.