8
41.
The Secretariat also asked the Commission “to indicate whether any other law
was cited in the case.” Those requests were repeated on September 30, 1998, at
which time the Commission and the State were given until October 30, 1998 to
comply with the Court’s request. On October 5, 1998, the State sent two volumes
containing “certified copies of the proceedings conducted against Jaime Castillo
Petruzzi et al. [...] before the Military Courts of Peru, for the crime of treason.” For
its part, on October 26, 1998, the Commission indicated that “the State would be the
one to know which laws were applied in these cases.”
Accordingly, it again
petitioned the Court to ask the State for the laws and provisions used in the
domestic proceedings and for the records from the military courts. The following
day, the Secretariat informed the Commission that the court records had been sent
to it that day, by special mail, and that the Commission’s request would be brought
to the President’s attention.
42.
On July 14, 1998, the Secretariat, on instructions from the Court, which for
its part was acting at the State’s behest, requested that the Commission remit the
minutes of the meeting where the decision to submit the instant case to the Court
was made, and any other document showing that the alleged victims were aware of
the steps being taken on their behalf with the Commission, regardless of whether the
claimants had powers of attorney from the alleged victims’ next of kin. On July 29,
1998, the Commission supplied the requested documents, which were forwarded to
the State that same day.
43.
On August 24, 1998, the State objected to the minutes of the Commission’s
proceedings on the grounds that they were in English and asked that it be furnished
with a Spanish translation. The next day, the Secretariat sent the State a translation
of the minutes so that it might understand the contents. No reply was received at
the Secretariat by the August 28, 1998 deadline that the State was given to present
its comments on the minutes. On September 11 of that year, the State asserted
that the minutes of the Commission meeting where the decision to submit the case
to the Court was taken, revealed that it was “a premature decision on a matter not
yet settled; the matter was, in fact, pending because a previously requested
extension had been granted.”
Acting on instructions from the President, on
September 29, 1998 the Secretariat informed the State that its observations should
have been presented by August 28 of that year at the latest. As a consequence, the
submission it filed on September 11 was extemporaneous and, moreover, moot since
the Court had already delivered its judgment on the preliminary objections.
44.
In its judgment of September 4, 1998, the Court concurred with the third
preliminary objection, which concerned consular visits, but dismissed all the other
preliminary objections filed by the State. The Court therefore decided to continue its
consideration of the case.2
45.
By order of September 8, 1998, the President convened the Inter-American
Commission and the State to a public hearing at the seat of the Court, starting on
November 25, for the purpose of hearing the testimony of the witnesses offered by
the Commission. The President also instructed the Secretariat to advise the parties
treason), promulgated on November 25, 1993; Supreme Decree No. 015-96-JUS (approving the Ley de
Arrepentimiento [Repentance Act]), promulgated on May 7, 1993; and Decree-Law No. 25,499, Regulation
Governing the Repentance Act, published May 8, 1993.
2.
Castillo Petruzzi et al. Case, Preliminary Objections, Judgment of September 4, 1998. Series C
No. 41.