6
10.
By note of June 29, 1998, the State answered the Commission’s April 30
note, stating that inasmuch as the Admissibility Report had been issued, “any
comment on the allegations made prior to the admissibility decision was
unnecessary” and announced that it would present a report concerning the
admissibility of the petition in the instant case at some future date. That information
was conveyed to the petitioners.
11.
On August 14, 1998, via note No. 7-5-M/402, the State replied that there was
no possibility of a friendly settlement, since in its view this type of solution did not
apply in this case.
12.
By note of August 17, 1998, the petitioners replied to the friendly settlement
proposal, indicating that the only way the case could be settled was to restore to the
bench those justices who had been removed in violation of the Constitution.
13.
On December 9, 1998, during its 101st session, the Commission approved
Report No. 58/98, which was sent to the State on December 14 of that year. In that
report the Commission concluded that:
…by removing justices Manuel Aguirre Roca, Guillermo Rey Terry and Delia Revoredo
Marsano de Mur from the bench of the Constitutional Court for alleged procedural
irregularities in the clarification of a ruling that found Law No. 26,657 did not apply to
the incumbent President of Peru, the State violated the essential guarantee of the
Constitutional Court’s independence and autonomy (Article 25 of the American
Convention); the right to a fair trial (Article 8(1) of the Convention) and the guarantee
of the security of one’s position in public service (Article 23(c)).
The Commission also made the following recommendations to the State:
[t]hat … it make appropriate reparations to Constitutional Court Justices Manuel Aguirre
Roca, Guillermo Rey Terry and Delia Revoredo Marsano de Mur by restoring them to
their seats on the bench of the Constitutional Court and by compensating them for all
income not received since the date of their unlawful removal from the bench.
The Commission also decided to send the report in question to the State, which was
given three months to take the necessary measures to comply with these
recommendations.
14.
By note of December 15, 1998, the State expressed concern over the fact
that “the media were reporting” the adoption of the Report pursuant to Article 50 of
the Convention, as the matter ought to have been held in the “strictest confidence.”
15,
On February 1, 1999, the petitioners requested that the Commission bring the
case to the Inter-American Court.
16.
On February 12, 1999, Peru requested an extension of the deadline so that it
might continue to study the recommendations the Commission had made in its
Report. On February 26, 1999, the Commission granted the State the requested
extension and suspended the time periods allowed under Article 51(1) of the
Convention. On April 14, 1999, the State requested another extension. Again, the
Commission acceded to its request.
17,
During the time periods granted by the Commission, the State and the
petitioners held meetings, with the Commission’s knowledge and in its presence, in