14
71. On May 19, 1999, the State submitted a copy of a “ruling by the United States
Supreme Court, December 1872” concerning the allegiance that aliens in that
country owe.14
72.
The documents the State submitted on April 26 and May 10, 1999 (supra 70)
contain information concerning supervening events, i.e., events that transpired
subsequent to the reply to the application. Although the State did not point this out
at the time it tendered these items of evidence, the Court believes that the
documents should be admitted into evidence, pursuant to Article 43 of its Rules of
Procedure. The documents tendered by the State on November 16, 1998 (supra
69) and May 19, 1999 concern events that occurred before the deadline for
tendering evidence expired; inasmuch as the State has not argued force majeure,
serious impediment or the emergence of supervening events, the Court finds that
they have been tendered extemporaneously and consequently will not admit them
into evidence.
***
73.
On July 7, 1998, to facilitate adjudication of the case, the Court asked the
State to submit all pertinent parts of the court record for the proceedings conducted
in Peru against the alleged victims. On October 5, 1998, the State sent two volumes
containing the documents in question (supra 41).
74. At the Commission’s request, on November 18, 1998, the President asked the
State to submit Repentance Declaration B1A 000087, which Peru submitted on
November 20, 1998.
75.
To facilitate adjudication of the case, on December 9, 1998, the President
asked the State to furnish the Court with the Peruvian legislation in effect between
January 1, 1993 and June 1, 1994, concerning suspension of guarantees; documents
explaining the motives, the guarantees suspended, the dates the suspensions took
effect and ended, and their territorial scope. On January 15 and February 16, 1999,
the State sent a number of supreme decrees concerning suspension of guarantees in
Peru.15
14.
Cf. Supreme Court of the United States of America. Carlisle v. United States. December 1872.
15.
Cf. Supreme Decree No. 001-93-DE/CCFFAA of January 7,1993, published in El Peruano on
January 9, 1993; Supreme Decree No. 005-93-DE/CCFFAA of January 19, 1993, published in El Peruano
on January 20, 1993; Supreme Decree No. 006-93-DE/CCFFAA of January 19, 1993, published in El
Peruano on January 22, 1993; Supreme Decree No. 011-93-DE/CCFFAA of February 16, 1993, published
in El Peruano on February 17, 1993; Supreme Decree No. 012-93-DE/CCFFAA of February 16, 1993,
published in El Peruano on February 17, 1993; Supreme Decree No. 0139-93-DE/CCFFAA of February 16,
1993, published in El Peruano on February 17, 1993; Supreme Decree No. 025-93-DE/CCFFAA of April 16,
1993, published in El Peruano on April 17, 1993; Supreme Decree No. 026-93-DE/CCFFAA of April 19,
1993, published in El Peruano on April 20, 1993; Supreme Decree No. 027-93-DE/CCFFAA of April 19,
1993, published in El Peruano on April 20, 1993; Supreme Decree No. 032-93-DE/CCFFAA of May 07,
1993, published in El Peruano on May 8, 1993; Supreme Decree No. 035-93-DE/CCFFAA of May 21, 1993,
published in El Peruano on May 22, 1993; Supreme Decree No. 037-93-DE/CCFFAA of May 26, 1993,
published in El Peruano on May 27, 1993; Supreme Decree No. 039-DE/CCFFAA of June 15, 1993,
published in El Peruano on June 17, 1993; Supreme Decree No. 040-93-DE/CCFFAA of June 16, 1993,
published in El Peruano on June 17, 1993; Supreme Decree No. 041-DE/CCFFAA of June 16, 1993,
published in El Peruano on June 17, 1993; Supreme Decree No. 045-93-DE/CCFFAA of June 25, 1993,
published in El Peruano on June 26, 1993; Supreme Decree No. 046-93-DE/CCFFAA of July 08, 1993,
published in El Peruano on July 09, 1993; Supreme Decree No. 047-93-DE/CCFFAA of July 16, 1993,
published in El Peruano on July 17, 1993; Supreme Decree No. 048-93-DE/CCFFAA July 16, 1993,
published in El Peruano on July 17, 1993; Supreme Decree No. 053-DE/CCFFAA of August 13, 1993,
published in El Peruano on August 16, 1993; Supreme Decree No. 057-93-DE/CCFFAA of August 19, 1993,
published in El Peruano on August 20, 1993; Supreme Decree No. 058-DE/CCFFAA of August 24, 1993,