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1.
This case was submitted to the Inter-American Court of Human Rights (hereinafter
“the Court” or “the Inter-American Court”) by the Inter-American Commission on Human
Rights (hereinafter “the Commission” or the “Inter-American Commission”) by petition of
January 12, 1995. The case originated in a complaint (No. 11.154) received at the
Secretariat of the Commission on May 6, 1993.
2.
In referring the case to the Court, the Commission invoked Articles 50 and 51 of the
American Convention on Human Rights (hereinafter “the Convention” or “the Inter-American
Convention”) and Articles 26 et seq. of the Rules of Procedure. The Commission submitted
this case to the Court for a decision as to whether, with the alleged “unlawful deprivation of
liberty, torture, cruel and inhuman treatment, violation of the judicial guarantees, and
double jeopardy to María Elena Loayza-Tamayo for the same cause, in violation of the
Convention,” and of Article 51(2) of the Convention for failing to “implement the
Commission's recommendations,” the Government had violated the following articles of the
Convention: 7 (Right to Personal Liberty), 5 (Right to Humane Treatment), 8 (Right to a Fair
Trial) and 25 (Right to Judicial Protection), all these in relation to Article 1(1) (Obligation to
Respect Rights). It also asked the Court to declare that the Government “must pay full
compensation to María Elena Loayza-Tamayo for the grave damage -material and moralshe has suffered and, consequently, to instruct the Peruvian State to order her immediate
release and make her appropriate reparation” and “pay the costs incurred in processing this
case.”
3.
The Inter-American Commission named Oscar Luján-Fappiano as its Delegate and
Edith Márquez-Rodríguez, Executive Secretary, and Domingo E. Acevedo as its Attorneys.
The Commission named the following persons as their Assistants: Juan Méndez, José Miguel
Vivanco, Carolina Loayza, Viviana Krsticevic, Verónica Gómez and Ariel E. Dulitzky, the legal
representatives of the plaintiff as petitioners before the Commission.
4.
After the President of the Court (hereinafter “the President”) had made the preliminary
review of the application, the Secretariat of the Court (hereinafter “the Secretariat”) notified
the State of the application in a note of February 9, 1995 -received on February 13- and
informed it that it had a period of three months in which to reply, two weeks to name an
Agent and Alternate Agent and thirty days to present preliminary objections, all of those
periods to commence on the date of notification of the application. In a communication of
the same date, the Government was invited to designate a Judge ad hoc.
5.
On March 23, 1995, the Government communicated to the Court that it had appointed
Mario Cavagnaro-Basile to act as its Agent and on the following day it reported that it had
appointed Iván Paredes-Yataco to act as Alternate Agent.
6.
By communication of March 22, 1995, the Delegate of the Commission indicated that
the thirty-day deadline for the Government to present preliminary objections had expired on
March 13.
7.
On March 24, 1995 Peru filed a preliminary objection alleging “non-exhaustion of all
domestic remedies” (capitals in original) and on April 3, 1995, it submitted a brief containing
arguments to obviate interpretations contrary to its interests regarding the time limits
established in the Regulations. In a brief of April 24, 1995, the Commission urged that the
brief of preliminary objections submitted by the Government be declared inadmissible, and
on April 27, 1995, it submitted another brief contesting the preliminary objection filed by the
Government.