4
Exhumación de Fosas Clandestinas (Special Prosecutor’s Office for Human Rights,
Forced Disappearances and Exhumation of Clandestine Graves) at Huamanga
(hereinafter “la Fiscalía Especializada en Derechos Humanos” -“Special Prosecutor’s
Office for Human Rigths”-) and to the Comisión Distrital Descentralizada de Control
Interno del Distrito Judicial de Ayacucho (Decentralized District Commission for the
Internal Control of the Judicial District of Ayacucho). The State also informed that
after January 10, 2005, it would submit a detailed report to inform about the state
of the investigations carried on at the above referred bodies.”
14. On January 12, 2005, the State filed with the Commission an additional report
to inform that the Fiscalía Especializada en Derechos Humanos (Special Prosecutor’s
Office for Human Rights) “had taken several steps in order to clarify the facts
(taking of depositions of eye-witnesses, recognition of the place where the events
occurred, exhumation of the corpse, etc.), and stated that until then, no conclusions
could be drawn.” In that respect, the Commission concluded that there was no
“compliance with recommendation [No. 1],” and that the State “had not provided
any information regarding the compliance with the rest of the recommendations
made [...] in the report it submitted [...].”
15. On February 8, 2005, the Inter-American Commission decided to submit the
instant case for the consideration of the Court, in view of the lack of “a satisfactory
implementation” of the recommendations embodied in report No. 77/04.
IV
PROCEEDING BEFORE THE COURT
16. On February 11, 2005, the Inter-American Commission filed an application
before the Court (supra para. 1), together with documentary evidence and offered to
submit testimonies of witnesses and expert witnesses as further evidence. The
Commission appointed José Zalaquett and Santiago A. Canton as delegates and Juan
Pablo Albán, Pedro Díaz, Ariel Dulitzky and Víctor Madrigal as legal counsel.
17. On March 21, 2005, the Secretariat of the Court (hereinafter “the Secretariat”),
after a preliminary examination of the application by the President of the Court
(hereinafter “the President”), served the said application and its Appendixes on the
State and also notified the State of the term within which it had to answer the
application and to appoint its agents in the proceedings. On the same date, and
pursuant to Article 35(1) (d) and (e) of the Rules of Procedure, the Secretariat
served notice of the application on the original petitioners, Guadalupe YllaconzaRamirez de Baldeón and Crispín Baldeón-Yllaconza (supra para. 7) and also on the
representatives of the next of kin of the alleged victim (hereinafter “the
representatives”), and on the Asociación Pro Derechos Humanos (hereinafter
“APRODEH”) (Pro Human Rights Association), and also notified them that they would
have two months to file their briefs of requests, arguments and evidence (hereinafter
“brief of requests and arguments”).
18. On April 21, 2005, the State appointed Manuel Álvarez-Chauca as agent in the
instant case.
19. On May 16, 2005, the representatives filed a brief of requests and arguments,
and attached documentary evidence and offered testimonies of expert witnesses as
evidence. The representatives alleged the same violations as the Commission had