8.
Observations on the preliminary objections. – On May 19, 2021, the representatives
submitted their observations on the State’s preliminary objections. The Commission
presented its observations the following day.
9.
Public hearing. – On December 13, 2021,7 the President of the Court called the parties
and the Commission to a public hearing, which took place by video conference on February
11, 2022 during the Court’s 146th Regular Session.8
10. Final written arguments and observations. – On March 11, 2022, the representatives
and the State submitted their final written arguments, to which they attached documents,
and the Commission presented its final written observations. On March 26, 2022, the
representatives offered their observations on the State’s documents. On March 29, 2022,
the Commission indicated that it had no observations on those documents.
11. Evidence and information to facilitate adjudication of the case. – On March 31, 2022,
the Commission requested that the State provide evidence to facilitate the adjudication of
the case.9 On April 8, 2022, the State presented that documentation (infra para. 62). On
April 26, the representatives submitted their observations and, on April 28, the Commission
stated that it had no observations to make on the documentation.
12. Deliberations on this case. – On October 3 and 4, 2022, by virtual means, the Court
deliberated this judgment at its 152nd Regular Session.
III
JURISDICTION
13. The Court has jurisdiction to hear this case pursuant to Article 62(3) of the Convention,
inasmuch as Peru ratified the Convention on July 12, 1978 and accepted the Court’s
contentious jurisdiction on January 21, 1981.
IV
PRELIMINARY OBJECTIONS
14. Peru presented six procedural issues. The Court will now analyze those dealing with
the following preliminary objections: A) the request of control of legality on the procedure
followed by the Commission; B) the alleged failure to exhaust domestic remedies; C) the
alleged lack of the Court’s competence to act as a fourth instance; D) the alleged
inadmissibility of the complaint for the lack of an object, and E) the alleged lack of the
Court’s jurisdiction with respect to the alleged violation of Article 26 of the Convention. The
Court will analyze the other issue in the chapter on the preliminary question (infra paras.
50-59).
7
Cf. Case of Benites Cabrera et al. v. Peru. Call to a public hearing. Resolution of the President, dated
December 13, 2021.
Appearing at the public hearing for the Commission were Marisol Blanchard, Jorge Meza Flores and
Erick Acuña Pereda; for the alleged victims: Javier Antonio Mujica Petit, Norma Inés Ferreyra Guerra, Elizabeth
Elisa Ledesma Rojas and Edwin Alfonso Espinoza Chávez; and for the State: Carlos Miguel Reaño Balarezo,
Judith Córdova Alva and Dévora Silva Ipince.
8
The State was requested to provide the following documents: (1) Decree-Law 25438, published in the
Official Gazette “El Peruano” on April 20, 1992; (2) Decree-Law 25640, published in the Official Gazette “El
Peruano” on July 24, 1992; (3) Decree-Law 25759, published in the Official Gazette “El Peruano” on October 8,
1992; (4) Law 30484 and (5) Law 31218 of June 16, 2021.
9
6