7
an attempt to reach a friendly settlement.
settlement was reached.
In the end, however, no friendly
18.
On June 17, 1999, after formally notifying the parties, the Commission
decided to submit the case to the Court under Article 51 of the Convention.
IV
PROCEEDINGS WITH THE COURT
19.
On July 2, 1999, the Commission filed an application petitioning the Court to
decide whether articles 8(1), 8(2)(c), 8(2)(d) and 8(2)(f) (Right to a Fair Trial),
23(1)(c) (Right to Participate in Government) and 25 (Right to Judicial Protection) of
the Convention had been violated, all in relation to articles 1(1) (Obligation to
Respect Rights) and 2 (Domestic Legal Effects) thereof.
It also petitioned the Court to order Peru to “make full and adequate restitution” to
Constitutional Court justices Manuel Aguirre Roca, Guillermo Rey Terry and Delia
Revoredo Marsano de Mur and restore them to their seats on the bench. It asked
the Court to order that the resolutions ordering their removal from the bench –Nos.
002-97-CR, 003-97-CR, and 004-97-CR of May 28, 1997- be nullified. As part of
said restitution, the Commission requested indemnification of the salary benefits that
these justices ceased to receive in the interim between the time of their removal
from the bench and the date of their effective reinstatement, as well as
compensation for moral damages. Finally, the Commission asked that Peru be
ordered to pay any “reasonable” costs and expenses that the victims and their
attorneys incurred in litigating the case in Peruvian courts and before the InterAmerican Commission and the Inter-American Court.
20.
The Commission named Mr. Hélio Bicudo and Mr. Carlos Ayala Corao as its
delegates; Hernando Valencia Villa and Christina M. Cerna as advisors, and Lourdes
Flores Nano, Carlos Chipoco, Manuel Aguirre Rocal, Raúl Ferrero Costa, Juan Monroy
Gálvez and Valentín Paniagua Corazao as assistants.
21.
On July 12, 1999, an examination of the application found that a number of
the appendices were either incomplete or illegible. The Commission was asked to
retransmit them. The Commission forwarded part of the requested documentation
on July 15 and 23, 1999.
22.
By note of July 12, 1999, received at the Office of the Minister of Foreign
Affairs of Peru on July 14, 1999, the Secretariat of the Court (hereinafter “the
Secretariat”) sent the State notice of the application and advised it of the time limits
for answering the application, filing preliminary objections and designating its
agents. The State was also advised that it had the right to designate an ad hoc
judge.
23.
On July 16, 1999, the Ambassador of Peru in Costa Rica came to the seat of
the Court to return the application in the Constitutional Court case and its
appendices. He also delivered to the Secretariat a note dated July 15, 1999, signed
by the Minister in Charge of Foreign Affairs of Peru, which stated the following:
1.
By Legislative Resolution, dated July 8, 1999, the Congress of the Republic
approved the withdrawal of [Peru’s] recognition of the contentious jurisdiction of the
Inter-American Court of Human Rights.