8
32. Consequently, if the period of thirty days indicated in Article 31(1) of the Rules of
Procedure of this Court should be considered in calendar terms, and the notification of the
application was made on February 13, 1995, the date on which it was received by the
Government, the deadline was March 13, 1995, whereas the preliminary objection brief
reached the Secretariat of the Court on March 24, 1995.
33.
The Court has declared that:
[i]t is a commonly accepted principle that the procedural system is a means of attaining justice and
that the latter cannot be sacrificed for the sake of mere formalities. Keeping within certain timely and
reasonable limits, some omissions or delays in complying with procedure may be excused, provided
that a suitable balance between justice and legal certainty is preserved (Cayara Case, Preliminary
Objections, supra 26, para. 42; Paniagua Morales et al Case, Preliminary Objections, Judgment of
January 25, 1996. Series C No. 23, para. 38).
34. The Court observes that the brief in which the Government filed its preliminary
objections was presented a few days after expiration of the period of thirty days set by
Article 31(1) of its Rules of Procedure, but that this delay cannot be considered excessive
within the limits of timeliness and reasonableness considered by this Tribunal to be
necessary for excusing a delay in meeting a deadline (see supra 33, Paniagua Morales et al
Case, paras. 37 and 39). Further, that this very Court has exercised flexibility vis-à-vis the
periods established in the Convention and in its Rules of Procedure, including that indicated
in Article 31(1) of the Rules of Procedure, and has often granted extensions requested by
the parties when they have shown reasonable cause.
35. In the instant case, the Court considers that, although the Government did not
expressly request an extension, this omission was possibly due to its mistaken reckoning of
the period, excluding the non-working days in accordance with its procedural rules. For the
reasons adduced, the review of the preliminary objection presented by Peru should proceed.
V
36. The Government filed the preliminary objection of non-exhaustion of domestic
remedies on the ground that the Inter-American Commission lodged the petition against it
without fulfilling the provisions of Article 46(2) of the Convention, inasmuch as the case
against María Elena Loayza-Tamayo for the crime of terrorism was still pending in the
Supreme Court of Justice with the number 950-94.
37.
This objection is based essentially on the charge that:
a.
The exceptions to the rule of exhaustion of domestic remedies, governed by
Article 46(2) of the Convention, do not apply in the instant case, inasmuch as María
Elena Loayza-Tamayo was not denied access to those domestic remedies. While it is
true that at the time of the alleged victim's arrest the remedy of habeas corpus which,
according to the Commission was in process against the deprivation of liberty, had
been suspended under Decree Law No. 25.659 as it pertains to the crimes of treason
and terrorism, owing to the State of Emergency, Mrs. Loayza-Tamayo did have access