“the need to obtain justice.”3 The Court notes with concern that twenty years had elapsed
between the presentation of the initial petition and the submission of the case to the Court.
4.
Requests of the Commission. - The Commission requested that the Court declare the
international responsibility of the State for the violation of the rights to a fair trial, to judicial
protection and to work set out in Articles 8(1), 25(1) and 26 of the Convention, read in
conjunction with Articles 1(1) and 2 thereof, to the detriment of the alleged victims.
II
PROCEEDINGS BEFORE THE COURT
5.
Notification to the State and to the representatives. – On October 5, 2020, the
submission of the case was notified to the State4 and to the representatives of the alleged
victims.5
6.
Brief with pleadings, motions and evidence. – On November 24, 2020, the
representatives presented their brief of pleadings, motions and evidence (hereinafter
“pleadings and motions brief”), pursuant to Articles 25 and 40 of the Rules. They requested
that the Court declare the international responsibility of the State for the violation of the
rights to a fair trial (judicial guarantees), to judicial protection and to economic, social and
cultural rights, established in Articles 8(1), 25(1) and 26 of the Convention, read in
conjunction with Articles 1(1) and 2 thereof. They also requested some measures of
reparation.
7.
Answering brief. – On March 30, 2021,6 the State submitted its brief (hereinafter
“answering brief”) in response to the submission of the case as well as its observations on
the pleadings and motions brief. It presented five preliminary objections and its arguments
regarding the number of alleged victims and the inclusion of family members in the
pleadings and motions brief. The State also denied the violations and opposed the requests
of measures of reparation presented by the Commission and the representatives.
The Commission named as its delegates Commissioner Edgar Stuardo Ralón Orellana and Paulo Abrão,
Marisol Blanchard Vera and Jorge Humberto Meza Flores, who were then Executive Secretary, Deputy Executive
Secretary and Specialist, respectively. It also named Erick Acuña Pereda, specialist of the Commission’s
Secretariat, as legal advisor.
3
By note of October 20, 2020, Peru named Carlos Miguel Reaño Balarezo, Specialized Public Prosecutor
for International Affairs, as its agent for this case and, as alternate agents, Carlos Llaja Villena, Deputy
Specialized Public Prosecutor for International Affairs, and Judith Cateriny Córdova Alva, a lawyer.
4
The original representative is Javier Mujica Petit. In communications received on June 27 and July 4,
2022, the alleged victims Luis Alberto Sánchez Villanueva, Angelita Jeni Torres Novoa, Valerio Calderón
Gonzáles, Carlo Juan Castillo Salazar and Dante Pedro A. Zegarra Salazar named Elizabeth Elisa Ledesma
Rojas, who is also an alleged victim, as a second representative in the case.
5
6
By communication of January 14, 2021, the State requested an extension of the period to present its
answering brief. It based its request on (i) the multitude of alleged victims; the alleged procedural issue on
the exhaustion of domestic remedies, and the access of the employees, whose dismissals were declared
irregular, to the Special Benefits Program; (ii) the regulatory causes for extending the period to present its
answering brief, and (iii) the alleged uncertainty regarding the representation of the totality of the alleged
victims. The State’s request, repeated on February 1, 2021, asked that the Court also take into account the
restrictions to mobility due to Covid-19 pandemic; some issues related to the representation of the alleged
victims, and the fact that the representatives did not include the appendices in their pleadings and motions
brief. By instruction of the then President of the Court, in a note of February 3, 2021 and in view of the situation
described by the State regarding the restrictions imposed in Peru due to the spread of Covid, the State was
granted, as an exception, an extension to March 30, 2021 to present its answering brief.
5