6
15.
On March 11, 1997, the Commission approved Report 17/97, in the final part
of which it stated
[...]
86.
That the State of Peru, on trying Jaime Francisco Castillo-Petruzzi, María
Concepción Pincheira-Sáez, Lautaro Enrique Mellado-Saavedra and Alejandro AstorgaVáldez, pursuant to Decree-Laws No. 25,475 and 25,659, has violated the judicial
guarantees set forth in Article 8(1) of the American Convention on Human Rights
[hereinafter "the Convention or the American Convention"] and the rights to a nationality
and to the judicial protections recognized respectively by Articles 20 and 25, all in
conjunction with Article 1(1) of the Convention.
87.
That the crime of treason against the fatherland which is governed by the legal
order of Peru violates universally accepted principles of international law, of legality, due
process, judicial guarantees, right to a defense, and the right to be heard by impartial
and independent courts; and in consequence
The Commission resolved [to recommend] that the State of Peru:
88.
Declare the annulment of the proceedings undertaken in the Exclusive Military
Jurisdiction for Treason Against the Fatherland against Jaime Francisco Castillo-Petruzzi,
María Concepción Pincheira-Sáez, Lautaro Enrique Mellado-Saavedra and Alejandro
Astorga-Váldez, and order that the trial of these persons be carried out in a new hearing
in the regular courts with full observance of the norms of legal due process, and
89.
The Commission, pursuant to Article 50 of the Convention, requests that the
Peruvian Government inform the Commission within two months of any measures it has
taken in the instant case in accordance with the recommendations contained in the
present report, which is confidential in nature and should not be published.
16.
On April 24, 1997, Report 17/97 was transmitted to Peru, with the request
that the State inform the Commission of the measures adopted with respect to it
within a period of two months.
17.
After having requested and received an extension until July 8, 1997, the
State presented a report, in which it refuted the conclusions of the Commission and
affirmed the legitimacy of its proceedings.
18.
On June 27, 1997 the Commission made the decision to submit the case to
the Court.
IV
PROCEEDINGS BEFORE THE COURT
19.
In submitting the case to the Court on July 22, 1997, the Commission
invoked Article 51(1) of the American Convention and requested that the Court
render a judgment as to whether there were violations of Article 5 (Right to Humane
Treatment), 8 (Right to a Fair Trial), 20 (Right to Nationality), 29 (Restrictions
Regarding Interpretation) in conjunction with the Vienna Convention on Consular
Relations; 1(1) (Obligation to Respect Rights) and 51(2) of the American
Convention.