4
15.
The application was lodged with the Court on July 2, 1999 (supra 2). The
Commission appointed Hélio Bicudo and Carlos Ayala Corao as its delegates;
Hernando Valencia Villa and Christina Cerna as advisors, and Lourdes Flores Nano,
Carlos Chipoco, Manuel Aguirre Roca, Raúl Ferrero Costa, Juan Monroy Gálvez and
Valentín Paniagua Corazao as assistants.
16.
A preliminary examination of the application found that some annexes were
either incomplete or illegible and the names and domiciles of all the petitioners were
not included. Consequently, on July 12 and 14, 1999, pursuant to Article 34 of the
Court’s Rules of Procedure, the Commission was asked to retransmit them. On July
15, 16 and 23, 1999, the Commission forwarded part of the requested
documentation.
17.
In a note of July 12, 1999, the Secretariat of the Court (hereinafter “the
Secretariat”) notified the application to the State, and informed it of the periods for
answering it, filing preliminary objections and appointing its agents. It also advised
the State that it had the right to appoint an ad hoc Judge.
18.
On July 16, 1999, the Peruvian Ambassador to Costa Rica visited the seat of
the Court to return the application and the annexes in the instant case. This official
handed the Secretariat a note dated July 15, 1999, signed by the Minister for
Foreign Affairs a.i. of Peru, which stated that
1.
By Legislative Resolution dated July 8, 1999, [...] the Congress of the Republic
approved the withdrawal of the recognition of the contentious jurisdiction of the InterAmerican Court of Human Rights.
2.
On July 9, 1999, the Government of the Republic of Peru deposited with the
General Secretariat of the Organization of American State (OAS), the instrument wherein
it declares that, pursuant to the American Convention on Human Rights, the Republic of
Peru is withdrawing the declaration consenting to the optional clause concerning
recognition of the contentious jurisdiction of the Inter-American Court of Human
Rights[...].
3.
[...T]he withdrawal of the recognition of the Court’s contentious jurisdiction
takes immediate effect as of the date on which the said instrument was deposited with
the General Secretariat of the OAS, that is, July 9, 1999, and applies to all cases in
which Peru has not answered the application filed with the Court.
Finally, the State declared in its letter that
[...] the notification contained in note CDH-11,760/002, of July 12, 1999, concerns a
case in which the Honorable Court is no longer competent to hear the applications filed
against the Republic of Peru, under the contentious jurisdiction provided for in the
American Convention on Human Rights.
On July 19, that year, this letter was forwarded to the Commission and it was asked
to submit its comments.
19.
On August 27, 1999, the International Human Rights Law Group submitted a
brief in the capacity of amicus curiae. On September 15, 1999, Curtis Francis
Doebbler and Alberto Borea Odría submitted briefs in the same capacity.
20.
On September 10, 1999, the Commission submitted its comments on the
return of the application and its annexes by the State. In its brief it stated that: