13
exercising its competence is based,4 without this necessarily supposing a review of
the proceedings before the Commission, unless there has been a grave error that
violates the State’s right of defense. In the instant case, the State has not
demonstrated how this action of the Commission prejudiced it during the
proceedings before that organ of protection.
67.
Notwithstanding the above, once the Commission is given specific information
regarding alleged human rights violations, it is the Commission that determines the
procedure through which this information should be channeled, within the sphere of
its extensive mandate, established in both the Charter of the Organization of
American States and the American Convention, for the promotion and protection of
such rights.
68.
Based on the above findings, the Court rejects subparagraph (a) of the
second preliminary objection filed by the State.
b)
The alleged undue consideration of alleged victims
69.
The State alleged that the Commission had unduly considered as alleged
victims some of the 257 persons who are currently employed in the Congress of the
Republic of Peru and others who, having collected their social benefits, are
attempting to achieve reinstatement in their posts.
70.
The Court observes that, in these international proceedings, determination of
the effects of some of the alleged victims having returned to work in the institution
from which they had allegedly been dismissed, and also the validity of their claims
for reinstatement, correspond to considerations that belong to the stages on merits
and, possibly, reparations. In other words, these alleged facts and claims do not
constitute reasons or assumptions that can limit the Court’s competence to formally
consider as alleged victims those persons who may be in the situation indicated by
the State. Consequently, the relevance of these facts must be determined and
assessed at the stages of merits and, if applicable, reparations.
71.
Hence, the arguments contain in subparagraph (b) of the second preliminary
objection filed by the State do not constitute a defense of this type, and must
therefore be rejected.
THIRD PRELIMINARY OBJECTION
“Objection of lack of legitimacy to act”
The State’s arguments
72.
The State alleged that the Inter-American Commission did not take into
account, as stipulated in Article 33 of the Court’s Rules of Procedure, that 41 people
considered victims in the application have not granted powers of attorney to be
represented before the international jurisdiction. Hence, the State asked the Court to
4
Cf. Case of Acevedo Jaramillo et al., supra note 3, para. 121; Case of the Girls Yean and Bosico .
Judgment of September 8, 2005. Series C No. 130, para. 59, and Case of the Serrano Cruz Sisters .
Preliminary Objections. Judgment of November 23, 2004. Series C No. 118, para. 132.
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