4
measures to avoid similar acts occurring in future and, in this regard, stated that
“the National Human Rights Council ha[d] requested the Secretary General of the
Ministry of Labor[…] to highlight the figure of Pedro Huilca Tecse in all events related
to workers, in order to perpetuate his brilliant achievements as a trade union leader,
in keeping with the recommendations of the [Inter-American Commission].”
11.
On February 20, 2004, the petitioners provided the Commission with the
information requested in accordance with Article 43(3) of its Rules of Procedure
(supra para. 9), and manifested their interest that the case be filed before the Court.
12.
Given the State’s failure to comply with its recommendations, the Commission
decided to file the instant case before the Inter-American Court.
IV
PROCEEDING BEFORE THE COURT
13.
On March 12, 2004 the Inter-American Commission filed the application
before the Court (supra para. 1). The appendixes to the application were received on
March 19, 2004.
14.
The Commission designated Freddy Gutiérrez Trejo and Santiago Cantón as
delegates, and Pedro E. Díaz, Ariel Dulitzky, Manuela Cuvi Rodríguez and Lilly Ching
as legal advisers. Also, pursuant to Article 33 of the Rules of Procedure, the
Commission indicated the names and addresses of the alleged victim and his next of
kin and advised that they would be represented by COMISEDH.
15.
On May 7, 2004, after the President of the Court (hereinafter “the President”)
had made a preliminary examination of the application, the Secretariat of the Court
(hereinafter “the Secretariat”) notified it to the State, together with its appendixes,
and advised the State of the time limits for answering the application and appointing
its representatives in the proceedings.
16.
On May 12, 2004, in accordance with the provisions of Article 35(1)(d) and
(e) of the Rules of Procedure, the Secretariat notified the application to Martha Flores
Gutiérrez and Aurelio Pastor Valdivieso, and also to COMISEDH, as the original
petitioners and the representative of the alleged victim and his next of kin,
respectively, and informed them that they had a non-extendable period of two
months to present the requests, arguments and evidence brief (hereinafter “requests
and arguments brief”).
17.
On May 28, 2004, COMISEDH informed the Court that the Center for Justice
and International Law (hereinafter “CEJIL,” “the representatives of the alleged victim
and his next of kin” or “the representatives”) would act as “co-petitioner, together
with [the said] institution,” in the instant case.
18.
On June 4, 2004, the State appointed Gonzalo José Salas Lozada as its Agent
in the case. Subsequently, on June 7, 2004, Peru forwarded to the Court, Supreme
Resolution No. 183-2004-RE, published in the official gazette, El Peruano, on June 4,
2004, in which it had made this appointment.
19.
On July 14, 2004, the representatives presented their requests and
arguments brief. In addition to the rights claimed in the application (supra para. 13),
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