8
Martín Gregorio Oré Guerrero, as the aggrieved party, in order to prove that “an
investigation is being processed before that office regarding the falsification of the
signatures” on the powers of attorney of three of the alleged victims.
42.
On August 21, 2002, the representatives of the alleged victims and their next
of kin forwarded a communication, in which they requested the Court to authorize
the participation of Walter Albán Peralta in the public hearing as an expert witness,
rather than as a witness. In a note of August 22, 2002, the Secretariat requested
them to forward the curriculum vitae of Walter Albán Peralta so that the Court could
decide on their request. On August 23, 2002, the representatives of the alleged
victims and their next of kin presented the said curriculum vitae.
43.
On August 23, 2002, the Secretariat, on the instructions of the President,
granted until August 27, 2002, for the Commission and the State to present their
comments on the request of the representatives of the alleged victims and their next
of kin mentioned in the preceding paragraph.
44.
On August 27, 2002, the State presented a communication stating its
opposition to the request of the representatives of the alleged victims and their next
of kin that the statement of Walter Albán Peralta should be considered expert
evidence and not testimonial evidence. In the same communication, Peru affirmed
that, in accordance with the provisions of Article 21(1) of the Rules of Procedure, it
had designated Mario Pasco Cosmópolis as Deputy Agent in this case. The following
day, the Commission forwarded a communication in which it stated that it had no
objection to the said request of the representatives.
45.
On August 27 and 28, 2002, the representatives of the alleged victims and
their next of kin advised that Walter Albán Peralta would be unable to take part in
the public hearing. In his place, they requested that Daniel Soria Luján should be
summoned as an expert witness and, to this end, they forwarded his curriculum
vitae.
46.
On August 29, 2002, the Secretariat, on the instructions of all the judges of
the Court, informed the parties that the Court had rejected the request of the
representatives of the alleged victims and their next of kin to summon Daniel Soria
Luján to provide an expert report at the public hearing.
47.
On August 30, 2002, Carlos Rafael Urquilla Bonilla, representative of the
organization, Human Rights in the Americas, presented an amicus curiae brief.
48.
On September 2, 2002, the State presented a communication in which it
referred to the allegation of failure to exhaust domestic remedies contained in the
answer to the application. In this respect, it indicated that “in the instant case, any
discussion of the validity of the application, in view of non-exhaustion of the
procedure indicated in the internal jurisdiction of Peru, should be decided in
conjunction with the judgment and taking into consideration all the evidence
contributed by the parties.”
49.
The same day, Peru presented a communication in which it set out its
considerations regarding the proposal for a friendly settlement presented by the
representatives of the alleged victims and their next of kin to the Executive
Secretariat of the National Human Rights Council of the Ministry of Justice of Peru,
and the amicus curiae presented by the Office of the Ombudsman while the case was
being processed before the Commission (supra paras. 39 and 41).
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos