Article 50 of the Convention, in which it reached a series of conclusions 3 and made
several recommendations to the State.
d) Notification to the State. On February 6, 2019, Report No. 159/18 was notified to the
State, granting it a period of two months to report on compliance with the
recommendations. After the term granted, on May 6, 2019, the Commission granted
Peru an extension of three months to comment on the assigned recommendations. The
State requested a second extension, which was not granted by the Commission.
e) Submission to the Court. On August 6, 2019, the Commission submitted to the
jurisdiction of the Inter-American Court all the facts and human rights violations
described in the Merits Report. 4
3.
Requests from the Inter-American Commission. The Commission asked this Court to
conclude and declare the State’s international responsibility for the violations contained in the
Merits Report and to order to Peru, as reparation measures, the recommendations included therein
(supra para. 2.c). This Court notes with concern that, between the presentation of the initial
requests before the Commission and the submission of the case before the Court, 11 and 16 years
have elapsed (supra para. 2a).
II
PROCEEDINGS BEFORE THE COURT
4.
Appointment of Inter-American Public Defenders. By means of a note from the Secretariat
of October 4, 2019, the General Coordinator of the Inter-American Association of Public Defenders
(AIDEF) was asked to appoint an inter-American public defender to represent, separately for the
alleged victim, Mr. Cuya Lavy, and for the alleged victim, Mr. Valenzuela Cerna. On November 13,
2019, said Association communicated to the Inter-American Court the appointment of two interAmerican public defenders, Mariano Patricio Maciel and Leonardo Cardoso de Magalhaes, to defend
Mr. Cuya Lavy and on November 21, 2019 reported the appointment of the two inter-American
public defenders, Rivana Barreto Ricarte de Olivieira and Hugo Cesar Gimenez Ruiz Díaz to defend
Mr. Valenzuela Cerna (hereinafter, in indistinct reference to the persons who will act in this
capacity, "inter-American public defenders” or “the representatives”).
5.
Notification to the representatives and the State. – The case was notified by the Court to the
State and to the representative 5 of Mr. Díaz Alvarado and Ms. Rodríguez Ricse on November 28,
2019, to the inter-American defenders of Mr. Valenzuela Cerna on November 29, 2019, and to the
inter-American defenders of Mr. Cuya Lavy on December 13, 2019.
6.
Brief of pleadings, motions and evidence. – On January 29, 2020, the representative of Mr.
Díaz Alvarado and Ms. Rodríguez Ricse presented two briefs of pleadings, motions and evidence
(hereinafter “brief of pleadings and motions”), one for each alleged victim and requested several
reparation measures. On January 30, 2020, the representatives of Mr. Valenzuela Cerna and on
February 13, 2020, the representatives of Mr. Cuya Lavy, respectively, presented the brief of
The Commission concluded that the State is responsible for the violation of the rights to judicial guarantees, the
principle of legality, political rights and judicial protection, enshrined in articles 8(1), 8(2), 8(2)(b), 8(2)(c), 8(2)(h), 9,
23(1)(c) and 25(1) of the American Convention on Human Rights, in relation to the obligations established in Articles 1(1)
and 2 of the same instrument, to the detriment of Jorge Luis Cuya Lavy, Jean Aubert Díaz Alvarado, Marta Silvana
Rodríguez Ricse and Walter Antonio Valenzuela Cerna.
4
The Commission appointed as its delegates before the Court the then Commissioner Joel Hernández and the
then Executive Secretary Paulo Abrâo, and Christian González Chacón, lawyer of the Executive Secretariat of the IACHR,
as legal advisor.
5
The alleged victims Jean Aubert Díaz Alvarado and Marta Silvana Rodríguez Ricse are represented by Enrique Tazza
Chaupis.
3
5