committed, as a result of the criminal complaint and the opening of the criminal investigation.”
It therefore asked the Court to bear in mind that, “while the procedures undertaken by the
State in the immediate aftermath of the military operation were inadequate, the situation was
corrected […] as a result of a prosecutorial investigation in which the State made every effort
to correct the situation as described,” and as a result, the State of Peru should not be found
responsible for these violations.
80.
The Commission pointed out that the State’s argument was not a preliminary
objection, but a recognition of the fact that the procedures taken immediately after the
operation were deficient. It was also an attempt to open debate on an argument on the merits
during the admissibility stage, concerning whether these procedures had been corrected at a
later stage of the process, and whether the investigation protocols had been improved. It
asked the Court, therefore, to deny this objection as unfounded.
81.
The representatives said that the State’s arguments on the matter were applicable to
the merits. It noted, accordingly, that the State had expressly requested that it be declared
not responsible for the violations of which it stood accused. It therefore asked the Court to
address the matter during the appropriate stage in the proceedings, and to deny this objection.
Considerations of the Court
82.
The State based its position essentially on the fact that it had conducted a number of
actions that, in its view, remedied the alleged shortcomings in the proceedings conducted
immediately after the military operation. The State had added that at present, through the
Institute of Forensic Medicine and the National Directorate of Criminal Science, it was applying
protocols attuned to international standards. It also asked this Court to hold the State not
responsible for the violations of which it stands accused.
83.
The Court finds that the State’s arguments concerning its later rectification of
shortcomings in the initial proceedings, such as working under what it called “current
international standards,” fall within the analysis of the merits of the case, and therefore should
not be resolved as a preliminary objection. The Court therefore holds that the actions the State
claims to have taken to correct the alleged acts of negligence committed in the investigation
of the facts that took place on April 22, 1997, may be relevant for the Court’s discussion of
the merits of the case and any reparations it may order, but they have no impact on the
exercise of the Court’s jurisdiction in the instant case.
VI
PRELIMINARY CONSIDERATIONS
84.
The Court will use this chapter to consider the State’s arguments on the “objection for
inadmissibility of new facts brought by the representatives of the alleged victims into the
process before the Inter-American Court,” and the status of Lucinda Rojas Landa as an alleged
victim.
A.
Alleged inadmissibility of facts
Arguments by the State, the Commission, and the representatives
85.
The State argued that the Commission had not indicated what facts contained in its
Report on the Merits would be submitted to the consideration of the Court, and that the legal
consequences of this omission would be to consider that it had submitted the full chapter on
proven facts from Report No. 66/11. It deemed, in this regard, that the representatives of the