7
there were no disputed points concerning the merits of the case that [would] warrant
this procedure.”
28.
On December 9, 2004, the State forwarded a “[f]riendly settlement
agreement” and an appendix, all the pages of which had been signed by Gonzalo
José Salas Lozada, Agent (supra para. 18), and by Pablo Rojas Rojas, President of
COMISEDH; Angélica Castañeda Flores, representative of COMISEDH, and María
Clara Galvis, representative of CEJIL. The documents that the State sent to the Court
were: a 13-folio document entitled “PEDRO CASE OF HUILCA TECSE[,] AGREEMENT
CONCERNING REPARATIONS” and a 25-folio document entitled “THE EXTRAJUDICIAL
EXECUTION OF PEDRO HUILCA TECSE WAS A STATE CRIME.” At the same time, the
State requested the Court to “admit the signed friendly settlement agreement and its
appendix, take into consideration the contents, and proceed to deliver JUDGMENT in
the instant case.”
29.
On December 11, 2004, the representatives forwarded “the agreement on
reparations signed between the Peruvian State and the organizations representing
the [alleged] victim [and his next of kin] in the case on December 6, 2004”. It
requested endorsement of the agreement.
30.
On December 20, 2004, the State presented a brief with its appendixes, in
which it advised that, by Supreme Resolution No. 336-2004-RE published on
December 17, 2004 it had appointed María de Lourdes Zamudio Salinas as Agent in
the case, in substitution of Gonzalo José Salas Lozada. While “reiterating its
undertaking to honor its commitment expressed in writing in the answer to the
application in which it […] acquiesced to the claims of the petitioners,” the State
informed the Court that the “‘friendly settlement agreement’ that it had remitted [to
the Court] was invalid” as it had been signed “without respecting the norms and
practices of the Peruvian State.” Peru then requested the Court “to ignore the
request that it deliver judgment contained in the invalidated document, because the
latter was not legally valid”; this, despite the fact that, in the final plea of that
document, it requested the Court “to declare [that the said document] was not
legally valid.” In this brief, the State also undertook to “take every possible step to
reach a friendly settlement.”
31.
On December 21, 2004, on the instructions of the President, the Secretariat
granted until January 14, 2005, for the Commission and the representatives to
submit observations on the State’s brief of December 20, 2004.
32.
On January 7, 2005, the State presented a brief “expanding the brief on the
invalidity of the ‘friendly settlement agreement on reparations and appendix.’” The
appendixes to this brief were forwarded to the Court on January 11, 2005. On that
occasion, the State argued, inter alia, that some points of the “friendly settlement
agreement on reparations and its appendix” violated the American Convention and
the provisions of domestic law, by infringing the principle of the presumption of
innocence, “because the accused, who ha[d] not been convicted, [were] presumed to
be guilty, and it involved actions that implied interference by the Executive Power
and violation of the independence and autonomy of other autonomous constitutional
bodies.” The State also affirmed that not denouncing the facts would “constitute a
legal impossibility, because they ha[d] already been denounced, […] and admitted,
and proceedings had been filed, and were underway; furthermore, [it was] a public
trial.” In addition, Peru repeated its commitment to “honor […] the brief answering
the application […] and to take every possible step to reach a friendly settlement
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