6
23.
On November 20, 1998, Pezúa Vivanco informed the Court that it was
“physically impossible” for him to travel to the seat of the Court during its XLII
Regular Session to be sworn in before the President and to be present at the Tribunal
during the public hearing on preliminary objections.
24.
The public hearing on preliminary objections took place at the seat of the
Court on November 24, 1998.
There appeared
for the Republic of Peru:
Jorge Hawie Soret, agent;
Sergio Tapia Tapia, counsel;
Alberto Cortez, counsel;
Walter Palomino Cabezas, counsel; and
Mario Cavagnaro Basile, counsel;
for the Inter-American Commission on Human Rights:
Oscar Luján Fappiano, delegate
Verónica Gómez, assistant; and
Alberto Borea, assistant.;
experts named by the Inter-American Commission
Samuel Abad Yupanqui; and
Valetín Paniagua Corazao.
The above named experts submitted their reports, which will be included in the
evidentiary file in the present case. However, despite having been duly summoned,
Néstor Sagües, an expert named by the Commission, did not appear before the
Court.
25.
On December 10, 1998, Pezúa Vivanco submitted to the Court his
renunciation of the appointment of ad hoc judge in the present case, due to
incompatibility with his position as Executive Secretary of the Executive Commission
of the Judicial Authority of Peru.
26.
On January 19, 1999, the Court issued an order in which it decided
1.
To acknowledge David Pezúa Vivanco’s renunciation of the appointment of ad
hoc judge in the present case.
2.
To continue consideration of the case with its current composition.
V
JURISDICTION
27.
Peru has been a State Party to the American Convention since July 28, 1978,
and accepted the jurisdiction of the Court on January 21, 1981. Therefore, the Court
has jurisdiction under Article 62(3) of the Convention, to hear the preliminary
objections raised by Peru in the instant case.