7
-
-
information on the current state and outcome of the extradition proceedings,
whether pending or closed, in relation to the investigations and criminal
proceedings commenced regarding the facts of the instant case, as well as a
copy of all the actions and steps taken by the Peruvian authorities, or by the
authorities of any other country, the records of which they may have, and
a report on the current state of the investigations and proceedings which
have been commenced and are pending in relation to the facts of the instant
case.
Furthermore, the Commission and the representatives were requested to file relevant
documents showing the parentage, and if appropriate, the death, of those who were stated
as the alleged victims’ next of kin in the application and in the brief of requests and
arguments, regarding whom no documents showing their existence or parentage have been
submitted. Furthermore, they were requested to inform the reasons why Zorka MuñozRodríguez was not included on the list of the alleged victims’ next of kin and, if appropriate,
to forward the relevant documents showing her possible parentage or death.
34.
On October 27, 2006 the organization Instituto de Defensa Legal del Perú (Peruvian
Legal Defense Institute) filed a brief as amicus curiae. On November 24 of the same year
the State filed its objections to said document.
35.
On October 29, 2006 the State and the Commission submitted their final written
arguments. On the following day, the representatives filed their objection to said document.
36.
On November 1, 3, 10, 13, 20, and 24, 2006 the representatives, the Commission,
and the State submitted information and documentation in reply to the request for evidence
to facilitate the adjudication of the instant case (supra para. 33 and infra para. 66).
V
PARTIAL ACKNOWLEDGEMENT OF LIABILITY
37.
In the instant case, the State acknowledged its international responsibility not only
before the Commission but before this Court as well, on account of which it proceeds to
define its terms and extent.
38.
In subparagraph b) of the press release issued by the Commission on February 22nd
2001, in the framework of the 110th regular session period, together with Perú (supra para.
9),”it compromised to admit responsibility and adopt measures to restore the affected rights
and/or make amends for the damage inflicted in several cases, case 11045 (La Cantuta)
among them.”
39.
During the processing of the instant case before the Inter American Court, the State
acquiesced in the “alleged facts but disagrees with regard to the legal consequences
attributed to some of the aforementioned events;” it also “declared to the Court that it
acquiesces partially in some of the claims of the Commission and of the representatives of
the alleged victims.”
40.
In chapter V of its answer to the petition, titled “Admission of facts by the State,”
which it repeats in chapter III of its final written arguments, Perú has declared:
The acts admitted by the State include:
a)
identification and previous existence of the alleged victims who are Hugo MuñozSanchez; Juan Mariños-Figueroa; Bertila Lozano-Torres; Roberto Teodoro-Espinoza;
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