The State ratified the American Convention on Human Rights on July 12, 1978, and accepted the
Court’s contentious jurisdiction on January 21, 1981.
The Commission has designated Commissioner James Cavallaro and Executive Secretary Emilio
Álvarez Icaza L. as its delegates. Likewise, Elizabeth Abi-Mershed, Deputy Executive Secretary, and Silvia
Serrano Guzmán, an attorney with the Executive Secretariat of the IACHR, have been designated to serve as
legal advisors.
In accordance with Article 35 of the Rules of Procedure of the Inter-American Court, the
Commission is enclosing a copy of Merits Report No. 9/14, prepared in compliance with Article 50 of the
American Convention, as well as a copy of the entire file before the Inter-American Commission (Appendix
I) and the annexes used in preparing report 9/14 (Annexes). The State was notified of the Merits Report by
a communication dated May 22, 2014, in which it was given two months to report on its compliance with
the recommendations made therein. The Peruvian State submitted a report in which it stated that it had
not committed the violations established in the Merits Report and hence was not required to review the
conviction or to order reparations of any kind.
Therefore, in order to get justice for the victim, the Commission decided to submit the present case
to the jurisdiction of the Inter-American Court of Human Rights. The Inter-American Commission is
presenting to the Court all the facts and human rights violations described in Merits Report 9/14.
Accordingly, the Commission is asking the Court to adjudge and declare that the Peruvian State is
internationally responsible for violation of the right to presumption of innocence and the right to appeal a
judgment and to judicial protection, recognized in articles 8(1), 8(2) and 25 of the American Convention, in
relation to the obligations established in Article 1(1) thereof, to the detriment of Mr. Zegarra Marín.
The Commission is also asking the Court to order the following measures of reparation:
1.
Order the measures of reparation necessary so that, should Mr. Zegarra Marín so request,
his conviction be vacated and his case be re-examined in accordance with the principle of presumption of
innocence, based on the standards established in the report. If appropriate, and based on the findings of
the re-examination of the case, the State shall expunge Mr. Zegarra Marín’s criminal record and wipe out
any other effect of his conviction, and
2.
Order full reparations for Mr. Zegarra Marín for the violations established in the report.