12
objections), legal entity status and standing (cfr. fifth and sixth objections),
"premature decision" to send the case to the Court (cfr. seventh objection),
‘ambiguity in the manner of submitting the application" (cfr. eighth objection), lapse
of the application (cfr. ninth objection) and “sovereignty and jurisdiction" (cfr. tenth
objection). To avoid unnecessary repetition, these objections will be examined below
under general headings that indicate the basic subject matter of the objections, with
pertinent cross-references, and an examination in each case of other matters
brought up by Peru in its explanation of the respective objections.
VII
EXHAUSTION OF DOMESTIC REMEDIES
First Objection
51.
The first objection interposed by the State refers to the
failure to exhaust the domestic remedies of Peru at the time the Inter-American
Commission on Human Rights, pursuant to Article 37 of its Regulations, admitted for
processing the complaint on behalf of Jaime Francisco Castillo-Petruzzi, María Concepción
Pincheira-Sáez, Lautaro Enrique Mellado-Saavedra, and Alejandro Astorga-Valdéz.
52.
The Court summarizes in the following terms the arguments of the State and
the Commission as to this objection:
a.
The State asserted that the Inter-American Commission received and
initiated the processing of the January 28, 1994 complaint when a proceeding
in Peru was pending against the alleged victims. On May 3, 1994, the Special
Military Supreme Court of the Supreme Council of Military Justice convicted
the alleged victims of “the commission of the above-mentioned criminal act.
The complaint filed by Verónica Reyna, Chief of the Legal Department of
FASIC, concerned three of the alleged victims; the fourth alleged victim,
Alejandro Astorga-Valdéz, was added subsequently. In the public hearing
Peru stated that the Commission informed it of the complaint on June 29,
1994. The State maintained that the Commission did not comply with the
requirements of Articles 46(1)(a) and 47(a) of the Convention, Article 37 of
its Regulations, and Articles 18 and 19 a. of its Statute.
b.
The Commission asserted that the complaint was transmitted to Peru
on June 29, 1994, after the Supreme Council of Military Justice issued the
conviction on May 3, 1994. It added that, in its judgment, it would not have
been necessary to exhaust domestic remedies, given that Decree-Laws No.
25,659 and 25,708 the corresponding procedural norms, and their application
in a concrete case, do not provide "the fundamental guarantees of due
process" for the crime of treason against the fatherland. During the public
hearing, the Commission pointed out that its argument was grounded in the
exception to the rule of the exhaustion of domestic remedies (Article 46(2) of
the Convention) and stated that this issue had not been raised before it in a
timely manner.
53.
As to this first objection raised by the State, the Court will not consider the
assessments of the parties as to the conformity of the nature of the proceedings
against the alleged victims with the principles of legal due process set forth in the