IV
ANALYSIS
33. The IACHR will now deliver a preliminary decision concerning the representation claimed
by Dr. Curtis Doebbler and the new petition filed. It will then examine the requirements for the
petition’s admissibility, as set forth in the American Convention.
A
Preliminary issue: The new petition filed by Dr. Curtis Doebbler
34. As stated previously, on March 22, 1999, the petitioner sent a letter requesting that the
Commission make all information concerning the case available to attorneys Fiona McKay and
Curtis Doebbler. Later, on April 4, 2000, the petitioner sent the Commission an affidavit stating
that she had revoked Dr. Curtis Doebbler’s power of attorney to serve as her legal
representative in the case.4
35. By a communication dated July 6, 2000, Dr. Doebbler filed a new petition concerning the
events that occurred at the Castro Castro prison, May 6 through 10, 1992 attaching a list of
610 inmates killed, wounded and those who had survived. Dr. Doebbler also presented a
power of attorney from Mrs. Nila Cipriana Pacheco Neira, mother of victim Elvia Nila Zanabria,
authorizing him to represent her in her daughter’s case, who died at Castro Castro prison. On
January 26, 2001, Dr. Doebbler confirmed his interest in continuing to represent other alleged
victims in this matter and submitted powers of attorney from Madelleine Valle Rivera and
Mercedes Rios Vera, two inmates who survived and who are named in the petition filed by Dr.
Doebbler on July 6, 2000.
36. The Commission has the obligation to order proceedings on contentious cases and to ensure
that they are treated seriously, that the various stages of the proceedings are carried out, and
that both parties produce evidence. In that sense, the IACHR enjoys broad authority to combine
petitions that deal with the same facts and to separate petitions to better safeguard the interests
involved (Article 40 of the Commission’s Regulations).
37. The Commission therefore decides that the new petition filed by Dr. Curtis Doebbler on
July 6, 2000, and the powers of attorney and other attachments presented in connection with
that complaint, are to be separated from case file 11.015. It is instructing the Secretariat of
the Commission to process the new petition in accordance with the provisions of Article 30 and
other relevant articles of the Commission’s Regulations. When that initial processing is
completed, the Commission will make its decision on that petition.
b
Competence of the Commission ratione materiae, ratione personae, ratione
loci and ratione temporis
38. The petitioner in the instant case is authorized under Article 44 of the American
Convention to file a petition with the IACHR. The petition names individual persons as the
alleged victims, whose Convention-recognized rights Peru undertook to respect and ensure.
The Commission notes that Peru is a State party to the American Convention, having ratified it
on July 28, 1978. The facts alleged occurred within Peruvian territory. Hence, the Commission
is competent, ratione personae and ratione loci, to examine the petition.
39. The Commission is also competent ratione materiae inasmuch as the facts alleged in the
petition could constitute violations of rights protected by the American Convention.
4
By a letter dated April 10, 2000, Dr. Doebbler told the Commission that he was still interested in representing the
alleged victims in the case in question. On June 28, 2000, the Commission sent Dr. Doebbler a letter explaining to him that
the original petition was presented by Mrs. Astete in 1992 and that on March 22, 1999, she had authorized the Commission
to make all case-related information available to Dr. Doebbler. However, there was no letter or statement from Mrs. Astete
on record wherein he is named as her representative in the case. The Commission also informed Dr. Doebbler that with the
situation as it was, it was deferring to the petitioner’s wishes that any power of attorney she may have given to Dr.
Doebbler be revoked, and was therefore terminating any such representation. All this notwithstanding the right of other
alleged victims to designate Dr. Doebbler as their representative vis-à-vis the Commission
5