3
be convenient for the Inter-American Court of Human Rights to wait until the closing of
said cases, before taking a definitive stand on them.
6.
On June 7, 1990, the Commission asked the State information for internal
recourses exhaustion, the proceedings before the military Court and the
whereabouts of Mr. Durand Ugarte and Mr. Ugarte Rivera, but it did not respond to
this requirement.
7.
On March 5, 1996, the Commission approved Report No. 15/96, which was
sent to the State on May 8 of the same year. In the operative paragraphs of said
report, the Commission decided:
1.
TO DECLARE the State of Peru responsible for the violations to the
detriment of Gabriel Pablo Ugarte Rivera and [Nolberto] Durand Ugarte, of the rights to
personal freedom, life, and an effective judicial protection, as well as judicial guarantees
of due legal process that are recognized, respectively, by Articles 7, 4, 25 and 8 of the
American Convention. Likewise, in the present case, the Peruvian state has not fulfilled
the obligation to respect the rights and guarantees stipulated by Article 1(1) of the
American Convention.
2.
TO RECOMMEND to the State of Peru to pay an adequate, prompt,
and effective indemnification to compensate the victims' relatives for the moral and
material damage as a result of the facts denounced and proven by the Commission and
the Inter-American Court of Human Rights.
3.
TO REQUIRE the Government of Peru that within 60 days after the
notification of the current report, to communicate to the Inter-American Commission of
Human Rights, the measures that would have been adopted in the present case,
pursuant to the recommendations mentioned in the previous paragraph.
4.
TO CONVEY the present report in keeping with Article 50 of the
American Convention and to communicate to the Government of Peru that it does not
have authorization to publish it.
5.
TO SUBMIT this case to the consideration of the Inter-American Court
of Human Rights if, within sixty days, the Peruvian State will not comply with the
recommendation stated in paragraph 2.
8.
On July 5, 1996 the State sent to the Commission a copy of the Report
developed by a Task Force composed of representatives of various branch offices of
the State. According to the Commission and based on said Report, it was evident
that Peru had not followed its recommendations.
IV
PROCEEDINGS BEFORE THE COURT
9.
On August 8, 1996, the application was submitted to the Court. The
Commission appointed Mr. John S. Donaldson as delegate, Mr. Alvaro Tirado Mejía as
alternate delegate, and Mr. Domingo E. Acevedo as advisor; whereas, Mr. Ronald
Gamarra, Katya Salazar, José Miguel Vivanco, Viviana Krsticevic, Ariel Dulitzky, and
Marcela Matamoros were appointed as assistants.
On March 9, 1998, the
Commission appointed Helio Bicudo and Domingo E. Acevedo as new delegates.
Based on a note received on June 18, 1998 Mrs. Matamoros communicated to the
Court her resignation to participate in the present case.
10.
On August 23, 1996, the Secretariat of the Court (hereinafter "the
Secretariat"), after a preliminary examination of the application undertaken by the
President of the Court (hereinafter "the President"), informed it to the State.