66
The arguments of the Commission
150. Regarding the alleged violation of Article 8(1) of the Convention, the
Commission indicated that:
a)
It confirms that the purpose of the instant case is for the Court to
decide whether Peru is responsible for the violation of Article 21, 25 and 26 of
the Convention, in relation to the general obligations established in Articles
1(1) and 2 thereof, owing to the facts described in the application filed by the
Commission. The specific plea in the application was prepared on the basis of
the facts established in the report on merits drawn up by the Commission in
accordance with Article 50 of the Convention. The proceeding before the
Court should be circumscribed to the limits of the report on merits and the
application filed before the Court;
b)
The petitioners did not allege the violation of Article 8 of the
Convention, because Peru had transferred the assignation of jurisdiction to
hear the proceedings concerning the pension regime of State civil servants
regulated by Decree Law No. 20530 to the transitory corporative public law
courts, in either the petition of February 1, 1998, or its expansion of May 25
that year. Consequently, this allegation was not part of the procedure before
the Inter-American Commission; therefore, the State did not submit
arguments in that respect, and the Commission did not rule on the matter;
c)
The principle that, when submitting a case to the Court, the
Commission or the State Parties should determine the juridical content of the
proceeding – that is, the facts to be proved by the parties and examined by
the Court, and also the rights that the Court must decide whether they have
been violated – derives from Article 61 of the Convention. “The substance of
the proceeding before the Court and the limits within which the Court must
decide are established by the Commission or possibly the State”;
d)
The legal and factual presumption that allows the State to exercise
effectively its right to defense is that the application filed before the Court
should contain substantially the same legal and factual conclusions as the
report drawn up by the Commission, in accordance with Article 50 of the
Convention. “Should it be accepted that the Court’s jurisdiction can extend
beyond the facts that were the object of the procedure before the ICHR and
the articles that the Commission found had been violated in its Article 50
report and in its application, legal certainty, procedural equity and
congruence would be jeopardized”;
e)
The Court’s practice has consisted in indicating that the Commission’s
report or its application constitute the limits to the claims of the case. These
limits to the Court’s latitude for decision “have not been modified by the
recent regulatory reforms [which grant] autonomous representation to the
petitioners.” The Court’s Rules of Procedure clearly state that the proceeding
is initiated by the filing of the application by the Commission, which should
contain, inter alia, the claims, a statement of the facts, the legal arguments
and the pertinent conclusions. This signifies that the application filed by the
Commission establishes the limits to the substance of the proceeding;
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