7. By means of a letter dated May 27, 2005, the State requested an extension of the deadline
for submitting its comments; this was granted by the IACHR on June 16, 2005, and due notice
was sent to the petitioner.
8. By means of a letter dated August 2, 2005, the petitioner submitted to the IACHR documents
requesting, pursuant to Article 30(3) of the Rules of Procedure of the Inter-American Commission
on Human Rights (hereinafter “the Rules of Procedure”), that the facts described in petition No.
156/05 be taken as proven, since more than three months had passed since the Commission
asked the Peruvian State to submit its comments. Furthermore, the petitioner requested that an
admissibility report be adopted, without prejudice to the right of the parties to submit additional
comments. The IACHR acknowledged receipt of such communication on August 16, 2005.
9. On February 6, 2006, the Commission reiterated the request for comments on the petition
that had been conveyed to the Peruvian State on March 22, 2005, and also informed the
petitioners of that communication.
10. On March 27, 2006, the Inter-American Commission received additional information
submitted by the petitioner, and on the following March 29, the IACHR acknowledged receipt of
that information and forwarded it to the Peruvian State.
11. By means of a letter dated May 2, 2006, received by the Executive Secretariat on May 19,
2006, the petitioner requested once more the enforcement of Article 30 of the Rules of
Procedure, which would consequently rule that the facts described in petition No. 156-05 be
considered as proven and furthermore apply Article 37(3) of the Rules of Procedure, whereby
the question of the case’s admissibility would be deferred until the merits were debated and
discussed.
12. On October 12, 2006, the Commission received an amicus curiae brief filed by the Association
of Latin American Students (LALSA), Cardozo Students for Human Rights (CSHR), and members
of the Association of Students for the Public Interest (PILSA), intended to assist with the petition.
On November 15, 2006, the Commission acknowledged receipt of this document.
13. By means of a letter dated December 4, 2006, the National Council of the Medical College of
Peru submitted additional information regarding Mr. Luis Williams Pollo Rivera’s situation.
14. On November 30, 2006, and March 7, 2007, the IACHR received a document sent by the
petitioner, repeating the request made in the communication of May 2, 2006.
2.
Processing of precautionary measures
15. On July 27, 2005, the IACHR granted precautionary measures on behalf of Mr. Luis Williams
Pollo Rivera, who, at the time the request for precautionary measures was made, was being held
at the Miguel Castro Castro prison. The information submitted by the petitioners indicated that
Mr. Luis Williams Pollo Rivera suffers from diabetes and kidney disease, and that adequate
medical attention was not provided at that detention center. Given the risks facing the
beneficiary, the Commission asked the Peruvian Government to adopt the measures necessary
to provide Mr. Luis Williams Pollo Rivera with adequate medical attention for as long as he
remained in the custody of the prison authorities.
16. By means of a letter dated May 2, 2007, the Commission decided to renew the precautionary
measures in the same terms in which they were originally given, on account of official medical
information received certifying the serious condition of Mr. Pollo Rivera’s health and the
consequent need for specialized medical treatment.
III.
POSITIONS OF THE PARTIES
A.
Petitioner (alleged victim acting on his own behalf)
2