-18the Court may, in its discretion, estimate for the professional services rendered to
the [alleged] victims in the instant case [...] before the Inter-American system of
protection of Human Rights.”
113.
On February 3, 2005, the common intervener filed a statement referring to
the brief filed by Peru on January 27, 2006, in which he requested the Court to
dismiss the petition for a public hearing made by the State (supra para. 109.)
114.
On February 6, 2006, the Inter-American Court issued an Order in which it
decided:
1.
To dismiss the petition made by the State to hold a second public hearing in
the Case Acevedo-Jaramillo et al.
2.
To dismiss, on account of its being time-barred, the new argument submitted
by Peru in its brief of January 2006, regarding “the evidence that the alleged
acknowledgment of responsibility by Peru [before the Commission] is not such.
[…]
V
PRELIMINARY OBJECTIONS
115. In the brief containing the answer to the application and the comments to the
brief of requests and arguments, the State submitted the following preliminary
objections:
1.
2.
“lack of exhaustion of previous domestic remedies;” and
“lack of right to act of the persons signing the complaint.”
*
*
*
FIRST PRELIMINARY OBJECTION
“failure to exhaust the previous domestic remedies”
116.
Arguments by the State:
a)
this objection is filed “regarding the cause of action in the case of
Empresa de Servicios Municipales de Limpieza de Lima (Lima Municipal
Cleaning Services Corporation) - ESMLL. This case […] has been improperly or
unduly included among the cases to which this proceeding refers and should
be excluded therefrom.” In the instant case the domestic remedies have not
been exhausted. The domestic case is at the stage where the judgment is
being enforced, within the procedures provided for by the domestic legislation
regarding appeals for legal protection [enforcement of the constitutional
guarantee for protection of civil rights]. The judgment rendered by the
Tribunal Constitucional (Constitutional Court) ordered the reinstatement of
the applicants who had not collected their social benefits to their jobs, and
therefore the issue being discussed at the enforcement phase is the
determination of the identity of those who collected such benefits;