7
20.
The Inter-American Commission appointed Oscar Luján-Fappiano, Carlos
Ayala-Corao, and Claudio Grossman to act as its delegates, Christina M. Cerna as its
attorney, and Verónica Reyna, Nelson Caucota, Jaime Castillo-Velasco, and Enrique
Correa as its assistants. Pursuant to Article 22(2) of its Regulations, the Commission
also informed the Court that the first two assistants would act for the original
petitioners and the latter two as representatives of the alleged victims.
21.
By note of July 31, 1997, after a preliminary review of the application by the
President of the Court (hereinafter "the President") the Secretariat of the Court
(hereinafter "the Secretariat"), transmitted the application to the State and informed
the State that it had the following deadlines: four months in which to submit its
answer, one month to appoint an agent and alternate agent, and two months to
interpose preliminary objections.
All terms were to begin from the date of
notification of the application. By communication of the same date, the State was
invited to designate a judge ad hoc.
22.
By means of communications of August 26 and 28, 1997, the Commission
submitted a corrected version of the Spanish text of the application, and stated that
it contained "corrections of minor errors, above all in style [and] should replace the
earlier version which had been submitted to the Court on July 22, 1997." The
corrected version was transmitted to the State on September 2, 1997.
23.
On September 3, 1997, Peru informed the Court that it had designated
Fernando Vidal-Ramírez as judge ad hoc.
24.
On September 5, 1997, Peru designated Mario Cavagnaro-Basile as its agent
and Walter Palomino-Cabezas as its alternate agent.
25.
On September 22, 1997, the State asked the Court to indicate if it should
"consider as valid" the new version of the application (supra 22) or if, to the
contrary, it should maintain that dated July 22 of the same year.
26.
On September 24, 1997, the Secretariat, following instructions from the
President, informed Peru that in view of the request for clarification of the State and
to insure the "transparency of the process," the President had decided to suspend
the time limits to answer the application and interpose preliminary objections until
the Commission presented clarifications of the corrections made to the original text
of the application.
27.
On October 1, 1997, Peru submitted its brief in which it raised the following
preliminary objections.
First Objection
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.
Second Objection
lack of competence of the Inter-American Commission on Human Rights and the Inter-American
Court of Human Rights, first to consider the petition lodged by the Fundación de Ayuda Social de