4
IV
PROCEEDINGS BEFORE THE COURT
11.
In referring the case to the Court, the Commission invoked Articles 50 and
51 of the American Convention on Human Rights and Articles 26 et seq. of the
Court’s Rules of Procedure then in force2 . The Commission submitted this case to
the Court for a decision as to whether there has been a violation of the following
articles of the Convention: 1 (Obligation to Respect Rights), 2 (Domestic Legal
Effects), 7 (Right to Personal Liberty), 5 (Right to Humane Treatment), 8 (Right to
a Fair Trial) and 25 (Right to Judicial Protection), and of Articles 2 and 8 of the
Inter-American Convention to Prevent and Punish Torture.
According to the
application, these violations were suffered by Cantoral-Benavides due to the
unlawful deprivation of his liberty by the State, following his arbitrary arrest and
imprisonment, torture, cruel and inhuman treatment, violation of the judicial
guarantees, and double jeopardy based on the same facts.
12. The Inter-American Commission named Carlos Ayala Corao and Jean Joseph
Exumé as its delegates; Domingo E. Acevedo as its attorney; and as its assistants
Iván Bazán-Chacón, Rosa Quedena, José Miguel Vivanco, Viviana Krsticevic, Ariel
Dulitzky, and Marcela Matamoros, who according to information from the
Commission to the Court would also act as representatives of the victim. By note
of June 18, 1998, Ms. Matamoros informed the Court that she would not participate
in the present case.
13.
On August 23, 1996, after the President of the Court (hereinafter "the
President") had made a preliminary review of the application, the Secretariat of the
Court (hereinafter "the Secretariat") notified the State of the receipt of the
application and informed it of the time periods to answer the application, raise
preliminary objections, and name its representatives. The State was also invited to
designate a judge ad hoc.
14.
On September 6, 1996, Peru informed the Court that it had appointed Mario
Cavagnaro-Basile as its agent.
On June 4, 1998, it named Walter PalominoCabezas as its alternate agent.
15.
On September 20, 1996, Peru raised seven preliminary objections
the Court to admit them or alternately to join them to the merits.
requested an extended period to "interpose new objections in addition to
ones," which request was not granted by the Court. The preliminary
raised by the State are the following:
and asked
Peru also
the earlier
objections
First Objection:
failure to exhaust the domestic remedies of Peru when the Inter-American Commission
on Human Rights, in accordance with Art. 37 of its regulations, admitted the petition
presented on behalf of the Peruvian citizen Luis Alberto Cantoral-Benavides.
Second Objection:
2
Rules of Procedure approved by the Court at its Twenty-Third Regular Session, held January 918, 1991; amended on January 25, 1993, July 16, 1993 and December 2, 1995