11
Commission concerning the list of petitioners prepared on the basis of the judgment
of the Constitutional Court, until it filed this preliminary objection. Furthermore, the
Court notes that, during the remainder of the proceedings before the Commission,
Peru did not present any objection regarding the legitimacy of those who lodged the
petition or those who appear as alleged victims. Moreover, the State held various
extensive meetings with representatives of the petitioners aimed at reaching a
friendly settlement.2
60.
Consequently, the State cannot validly adduce the Commission’s actions in
relation to the processing and admission of the petitions and, even less, concerning
the determination of the alleged victims at this procedural stage, because even
though fact that it received timely information on these issues it did not express its
disagreement in this regard during the proceedings before the Commission. Since no
objection regarding this issue was filed at the proper procedural opportunity, the
Court concludes that, based on the estoppel principle, the State cannot adduce it
before this Court,3 because it has tacitly waived this possibility. In view of the
foregoing, the Court rejects the first preliminary objection “based on expiration” filed
by the State.
SECOND PRELIMINARY OBJECTION
“Legal defects”
61.
The State’s arguments
(a)
The Commission denaturalized the formalities of the procedure defined
in Articles 29 and 37 of its Rules of Procedure by validating facts that it
had been informed about as grounds for a precautionary measure,
when the domestic jurisdiction had not been exhausted. The State
therefore alleged that the Commission should have admitted the
petition that originated case 11,830 as a new case, dispensing with the
background information contained in the said precautionary measure,
regarding which the Commission itself had indicated that “it did not
constitute an urgent case,” and
(b)
In its application, the Commission unduly considered as alleged victims
some individuals who are currently employed in Congress as well as
dismissed employees who aspire to be reinstated in their posts even
though they have collected their social benefits. Consequently, the
State requested the Court to exclude those who were in this situation
from the case.
The Commission’s arguments
2
Cf. minutes of the induction and meetings of the Multisectoral Commission responsible for
preparing a final settlement proposal in IACHR 11,830 – Dismissed Congressional Employees dated
February 7, 11, 20, and 27, March 31 and April 7, 2003 (file of appendixes to the application, appendix 4,
tome 5, folios 3101, 3104, 3106, 3109, 3111 and 3114).
3
Cf. Case of Almonacid Arellano et al. . Judgment of September 26, 2006. Series C No. 154, para.
65; Case of Acevedo Jaramillo et al.. Judgment of February 7, 2006. Series C No. 144, para. 176, and
Case of the Moiwana Community . Judgment of June 15, 2005. Series C No. 124, para. 58.
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