6
3.
The Court is not competent to make any declaration on the legal validity of the
Government of Peru’s decision to withdraw from its contentious jurisdiction. The
withdrawal of the recognition of the contentious jurisdiction of the Court is a freely
taken, unilateral decision of the State of Peru that does not allow any interpretation or
qualification.
4.
In the light of the previous arguments and, since the State of Peru is not
subject to the contentious jurisdiction of the Court in the cases referred to [in] Note
CDH/S-1014, we do not consider this to be a notification, since the State of Peru is not a
party to the said proceedings.
[...]
23.
On August 29 and September 6, 2000, the Secretariat requested the
Commission to forward the list of witnesses and experts that it would offer during
the public hearing on the merits of the case. On September 11, 2000, the
Commission submitted the list.
24.
By an Order of September 13, 2000, the President of the Court (hereinafter
“the President”) convened the Inter-American Commission and the State to a public
hearing to be held at the seat of the Court on November 22, 2000, in order to
receive the statements of the witnesses and the experts offered by the Commission
and also the final oral arguments of the parties on the merits of the case. The same
day, the Secretariat sent the Commission the summonses for the witnesses who
were convened.
On October 19, 2000, the Commission transmitted three
notification records and advised that the records concerning the presence of the four
other witnesses “w[ould] be sent as soon as [they had been] received.” On October
20 and 30 and November 1, 2000, the witnesses Díez Canseco Cisneros, Revoredo
Marsano, Bernales Ballesteros and Díaz Valverde, respectively confirmed that they
would attend the public hearing.
25.
On November 22, 2000, the Court held the public hearing on merits and
received the statements of the witness and the experts proposed by the Commission
on the facts that are the subject of the application. The Court also heard the
Commission’s final oral arguments on merits.
There appeared before the Court:
For the Inter-American Commission on Human Rights:
Hélio Bicudo, delegate
Carlos Ayala Corao, delegate
Christina Cerna, adviser
Lourdes Flores Nano, adviser, and
Manuel Aguirre Roca, assistant;
witness proposed by the Commission:
Delia Revoredo Marsano;
experts proposed by the Commission:
Jorge Avendaño Valdéz, and
Mario Pasco Cosmópolis.