10
36.
On January 22, 1998, the Commission remitted a copy of the documentation
sent by FASIC, that related to FASIC’s status as a legal entity.
37.
On February 17, 1998, in accordance with the Commission’s February 11
request, the Secretariat asked the State to send various documents relating to the
types of evidence contained in its answer to the application. The State complied with
this requirement on March 23, 1998.
38.
By Resolution of March 9, 1998, the President summoned the Inter-American
Commission and Peru to a public hearing to be celebrated at the seat of the Court on
June 8, 1998, to hear their oral arguments on preliminary objections.
39.
By means of a March 17, 1998 letter, the State maintained that the
documents filed by the Commission on January 22, 1998 (supra 36) did no more
than confirm its questions about the petitioning foundation’s status as a legal entity,
and it challenged one of the documents.
40.
On March 19, 1998, the Secretariat, following the instructions of the
President, informed the State that in response to its demand made in both its brief
on preliminary objections and its answer to the application, that the Commission
exhibit all of its proceedings in this case, the Commission had opportunely sent the
pertinent parts of the file processed before it, and they were in the Court’s
possession.
41.
On March 19, 1998, the Secretariat, following the instructions of the
President, asked the State for an authenticated copy of the laws and regulatory
provisions applied in the proceedings before the Peruvian courts against the alleged
victims in this case, and for the complete judicial files of those proceedings.
42.
On April 14, 1998, the State informed the Court that the legal provisions
requested had been submitted as part of the evidentiary file in the Loayza-Tamayo
Case, and requested that the Court inform it of the items it would be necessary to
submit from the judicial files of the alleged victims in this case, since the files
"contain a voluminous amount of documents that relate to many persons apart from
those referred to in this application."
43.
On April 27, 1998, the Commission reiterated its request for the submission
of "the laws and other regulatory decrees relevant to the proceedings carried out by
the Peruvian Courts against Jaime Castillo-Petruzzi et. al., as well as all the pertinent
parts of the judicial files on these cases." Moreover, the Commission opposed the
use of the same documents containing the laws and decrees submitted in the
Loayza-Tamayo Case, arguing that the files were different. On July 7, 1998, the
Secretariat, following the instructions of the Court, requested that the State submit
the pertinent parts of the judicial file of the trial which took place in Peru against
Jaime Francisco Castillo-Petruzzi et. al., and informed both parties that the legal
provisions submitted in the Loayza-Tamayo Case would be integrated into the file.
44.
The public hearing took place at the seat of the Court on June 8, 1998.
Appearing
for the State of Peru: