pleadings and motions, in accordance with Articles 25 and 40 of the Court’s Rules of Procedure.
The representatives of Messrs. Cuya and Valenzuela agreed with the alleged violations of the
articles of the Convention indicated by the Commission in the Merits Report. In their briefs, they
asked the Court to order the State to adopt various measures of reparation and the reimbursement
of costs and expenses. Similarly, Messrs. Cuya Lavy and Valenzuela Cerna requested, through
their representatives, to avail themselves of the Victims' Legal Assistance Fund of the InterAmerican Court (hereinafter “Court Assistance Fund” or the “Fund”).
7.
Answering brief. – On August 20, 2020, the State 6 presented its brief filing preliminary
objections, answering the submission of the case and the briefs of pleadings and motions 7
(hereinafter “answering brief”). The State presented five preliminary objections and made two
preliminary questions.
8.
Observations on the preliminary objections. On October 13, 2020, Mr. Cuya Lavy’s
representatives, on October 15, 2020, Mr. Valenzuela Cerna’s representatives, and on October
16, 2020, the Commission forwarded, respectively, their observations on the preliminary
objections and requested that they be rejected. Mr. Cuya’s representatives submitted four
annexes, which, as they indicated, were already in the file. The representative of Mr. Díaz Alvarado
and Ms. Rodríguez Ricse did not submit observations.
9.
Victims Legal Assistance Fund.
On November 4, 2020, the parties and the Commission were informed that the request of the
alleged victims Messrs. Cuya Lavy and Valenzuela Cerna, presented through their inter-American
defenders in the brief of requests and arguments, to avail themselves of the Fund was admissible.
10. Public Hearing. – By order of the President of the Court of January 28, 2021 8, the parties
and the Inter-American Commission were summoned to a public hearing to receive their final
arguments and final oral observations on the preliminary objections, and possible merits,
reparations and costs , as well as to receive the testimony of two alleged victims and an expert.
Also ordered was the presentation of the statements, by affidavit, of an alleged victim 9, a witness 10
and two expert witnesses 11 called by the representatives, a witness and an expert proposed by
6
In a communication dated December 18, 2019, the State appointed Carlos Miguel Reaño Balarezo as Principal
Agent and Carlos Llaja Villena and Silvana Lucía Gómez Salazar as alternate agents. On December 3, 2020, the State
reported the termination of the appointment of Silvana Lucía Gómez Salazar.
7
The State requested an additional month to present the answer, considering, among other things, the plurality of
presumed victims, representatives and four pleadings and motions briefs. On March 12, 2020, the extension of one month
was authorized within the period provided in article 41(1) of the Rules of Procedure, so it had a period of three months to
present its response. In addition, it should be noted that due to the exceptional circumstances caused by the Covid-19
pandemic, the Court issued two communications, Inter-American Court Communication CP-18/2020 and Inter-American
Court Communication CP-28/2020, in which it was reported that the Court decided suspend the calculation of terms that
were in progress, which included the cases at the merits stage (Court Agreements of 1/20 of March 17 and 2/20 of April
16, 2020). The Inter-American Court Press Release CP-18/2020 reported on the suspension from March 17 to April 21
inclusive and the Inter-American Court Press Release CP-28/2020 reported on the suspension from April 22 to May 20
inclusive. Finally, through the Inter-American Court Press Release CP-37/2020, the Court communicated that the
calculation of the term was resumed as of May 21, 2020, including at the merits stage.
8
Cf. Case of Cuya Lavy et al. v. Peru. Call for hearing. Order of the President of the Inter-American Court of
Human Rights of January 28, 2021. Available at: http://www.corteidh.or.cr/docs/asuntos/cuya_lavy_y_otros_28_01_21.pdf
9
In addition, due to the request made on March 5, 2021 by Mr. Díaz Alvarado’s representative so that the
alleged victim could speak during the hearing in the presentation of the final arguments, the Secretariat informed him,
following instructions from the President of the Court, that during the time allowed for his representation to present the
allegations, said alleged victim could make his statements.
10
On March 2, 2021, the representatives reported that the witness Walter Albán Peralta "will not be able to testify
at the hearing," and they did not present his affidavit.
11
On March 2, 2021, the representatives informed that Mrs. Gabriela Knaul will not render her expertise due to the
Covid-19 situation. On March 3, 2021, Mr. Valenzuela’s representatives forwarded the expert opinion of Mr. Rogerio Varela
in Portuguese. In a communication dated March 5, 2021, the Secretariat of the Court, following the instructions of the
6