9
The representatives also emphasized that it was important that the Court “give a
detailed account of the facts” when delivering judgment, as it had requested in its
brief with observations on the answer to the application (supra para. 22). Finally, the
representatives requested the Court to endorse the agreement on reparations signed
on December 6, 2004, after ensuring its compatibility with the provisions of the
Convention. Should the Court consider that this agreement was not “valid to oblige
the State internationally, [… they requested] the Court to convene a hearing on
reparations that would permit it to obtain the necessary information to rule on the
method and time limit for complying with the measures of reparation accepted by
the State [in its] acquiescence.”
35.
On February 3, 2005, on the instructions of the President, the Secretariat
granted the Commission a non-extendable period of five days to present any
observations it deemed pertinent on the last communication of the representatives.
36.
On February 14, 2005, the Commission presented its brief with observations
“on the friendly settlement procedure in [the instant] case,” in which it “consider[ed]
that it would not be pertinent for the organs of the inter-American system for the
protection of human rights to rule on the validity of an agreement on reparations
under Peruvian law” and requested the Court: (1) to accept the State’s
acquiescence; (2) to take note of the efforts being made by the State and the
representatives of […] the [alleged] victim [and his next of kin] to reach a consensus
on all the elements of reparation that were not included in the State’s acquiescence,
and also those that must be modified in the agreement; (3) to grant the parties a
prudent time of two months to carry out these efforts; (4) to establish that, if the
prudent time referred to in the preceding clause […] expires and they have not
reached a common position, it will declare that the procedure has been exhausted
and open the corresponding reparations stage.”
37.
On February 16, 2005, the State presented a brief with “comments on the
communication with observations on the invalidity of the agreement on reparations
and its appendix, presented by the organizations representing the alleged victim and
his next of kin” (supra para. 34). In this brief, the State again requested that the
Court should “declare that the disputed agreement and its appendix were legally
invalid, even though it reiterated to the Court its undertaking to honor the
commitment made in the brief answering the application” (supra paras. 20, 30 and
32). The State also affirmed that it had not “present[ed] observations on the
obligation to investigate, but rather on the violation of the right to presumption of
innocence[, …] an observation that [had been] accepted by [the] representatives in
their brief with observations” (supra paras. 32 and 34). With regard to their request
to modify the clause referring to the investigation into the facts of this case, the
State considered that the “drafting of this clause tacitly admit[ted] the validity of the
arguments expressed in the Peruvian State’s brief expanding on its previous brief”
(supra para. 32).
38.
On February 24, 2005, on the instructions of the President, the Secretariat
requested the State to submit, as helpful evidence, a copy of the following
documents: Legislative Decree No. 728, entitled “Employment Promotion Act”;
Decree-Law No. 25593, entitled “Collective Labor Relations Act”; and Supreme
Decree No. 011-92-TR, which regulates Decree-Law No. 25593.
39.
On March 2, 2005, the State forwarded the Peruvian laws that had been
requested as helpful evidence.
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