the violation described herein and award just compensation to the victim’s next of
kin.” The Commission named the following as its Delegates: Edith MárquezRodríguez, Executive Secretary; David J. Padilla, Assistant Executive Secretary; and
Osvaldo N. Kreimer, Specialist of the Executive Secretariat.
On October 22, 1990, the Secretariat of the Court transmitted the
Commission’s application and the material annexed thereto to the Government.
On November 8, 1990, the Government appointed Minister Counselor
Eduardo Barandiarán as its Agent. Subsequently, on January 2, 1991, it named a
new Agent, Dr. Sergio Tapia-Tapia.
By Order of November 12, 1990, the President of the Court (hereinafter “the
President”), in agreement with the Agent of Peru and the Delegates of the
Commission and in consultation with the Permanent Commission of the Court
(hereinafter “the Permanent Commission”), set March 29, 1991, as the deadline for
the Commission’s submission of the memorial provided for in Article 29 of the Rules
and June 28, 1991, as the deadline for submission by the Government of the
counter-memorial provided for in the same article.
On December 10, 1990, Peru appointed Dr. Jorge E. Orihuela-Iberico as ad
hoc Judge.
The Commission submitted its memorial on March 28, 1991, and the Court
received Peru’s counter-memorial on June 27, 1991.
On June 26, 1991, the Agent for Peru interposed preliminary objections
alleging “lack of jurisdiction of the Commission” and “expiration of the time-limit for
filing of the petition.” The President fixed July 31, 1991, as the deadline for the
submission by the Commission, in writing, of its observations and conclusions on the
preliminary objections. This communication was received at the Secretariat of the
Court on July 31, 1991.
After consultation with the Permanent Commission, the President directed
that a public hearing be convened for December 6, 1991, at 15:00 hours, at the seat
of the Court, for the presentation of oral arguments on the preliminary objections.
On August 3, 1991, the President, at the request of the Government, ordered
the Commission to transmit to the Court the relevant portion of the summary
minutes of its Meeting 1057, held on May 14, 1990, at which the Commission
resolved to declare as concluded the examination of the case and adopted Report N°
43/90. The Commission was also requested to provide the pertinent parts of the
summary minutes of its 78th Session, at which it decided to submit the case to the
Court, and to specify the date of the relevant meeting.
On October 18, 1991, the Secretariat of the Commission replied that
the Commission was consulted about this order at its 80th regular session and resolved
that this Commission’s summary minutes are of a confidential and reserved nature.
Nevertheless, the Commission places itself at the disposal of that Honorable Court and
will provide it with such specific information as the Court deems necessary to order.

By note of November 14, 1991, the Government asked the Court to formally
reiterate its request to the Commission to “duly present the relevant parts of the

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