68.
The Court, taking into account that the Commission has acted in the exercise of powers
set forth in the Rules of Procedure, and that there are no well-founded reasons to believe that
the actions of the Commission could have been injurious to the the State’s right to defense,
finds no grounds in the instant case on which to review the procedure before the Commission.
69.
In view of these considerations, the Court denies the preliminary objection submitted
by the State to review the legality of Report on the Merits No. 66/11 concerning the inclusion
of alleged victims and certain human rights not cited in Admissibility Report 13/04.
D.
Fourth preliminary objection: “Objection on the grounds that the InterAmerican Commission on Human Rights violated the Peruvian State’s right of
defense;”
Arguments by the State, the Commission, and the representatives
70.
The State argued that the Commission’s decision on admissibility of the case was
delivered after a period of only four months and 17 days from the time the State received
notification of the petition. It held, in this regard, that admissibility decisions had been made
more quickly in the instant case than in any other petitions against Peru from 2000 through
2012. The State argued that this had breached the principles of adversarial proceedings,
procedural equality and legal certainty in the international process against it. It noted that the
Commission had taken an average of 47.4 months, nearly four years, to draw its 66
admissibility decisions in cases against Peru from 2000 through 2012. The State also observed
that the Commission’s admissibility decisions in 2004 regarding 14 other countries had taken
an average of 24.5 months, and the admissibility decisions on the four petitions against Peru
had taken an average of 32.5 months. It concluded that the Commission had taken only onefifth the time to adopt a position of admissibility of petitions for Peru that year than for the
other countries of the region.
71.
According to the State, the Commission had displayed “bias and lack of objectivity, and
had twisted the system of rules for admissibility decisions.” It had deprived the State of the
possibility to submit additional arguments on the admissibility of the petition, giving it only
one opportunity to respond to matters of admissibility, despite the fact that two criminal
proceedings were underway in the domestic courts. The petitioners, by contrast, had been able
to submit their comments on the State’s response, and this was the only information the
Commission had used to examine and settle the admissibility of the petition. The State argued
that this had favored the petitioners. The State noted that, while it is debatable whether the
Commission can be held to the same standard of impartiality as the Court because it is not a
judiciary, but a quasi-judicial administrative body, it should at least remain objective. In the
instant case, the Commission had made its decision even knowing that two criminal
proceedings were underway in the domestic jurisdiction, one in the military courts, and the
other in the ordinary courts, so that when it published Admissibility Report 13/04, there was
as yet no final military judicial finding. It was only later that the military court decided to drop
the case, but according to the State, the Commission had been willing to accept merely a
preliminary decision from this military judicial body as sufficient grounds to decide without
consulting back with the State on this point of admissibility.
72.
In short, the State believed that its right to defense had been breached and hindered
by the Commission’s conduct because it did not have enough time to examine the requirements
of admissibility contained in the petition, nor had it been able to comment on the information
submitted by the representatives of the alleged victims before the admissibility decision on the
petition was made.