2
Against Torture”). According to the application, these violations were suffered by Mr.
Luis Alberto Cantoral-Benavides due to the unlawful deprivation of his liberty,
following his arbitrary detention and incarceration, cruel, inhuman and degrading
treatment, violation of the judicial guarantees, and double jeopardy based on the
same facts. In its final written brief, the Commission added the alleged violation of
Articles 8(2)c), 8(5) and 9 of the American Convention, and 6 of the Inter-American
Convention Against Torture.
II
JURISDICTION
2.
The Court has jurisdiction to hear the present case. 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. Also, Peru has been a State Party to the InterAmerican Convention Against Torture since March 28, 1991.
III
PROCEEDINGS BEFORE THE COMMISSION
3.
On April 18, 1994, a petition was transmitted via fax to the Inter-American
Commission relevant to the facts of this case, and on April 20, 1994, the original
copy of the petition was received at the Secretariat. On August 24, 1994, the
Commission forwarded to the State the pertinent parts of the petition, pursuant to
Article 34 of its Rules of Procedure.
4.
On September 7, 1994, the State requested that the Commission refrain from
taking up the present case because “the time period for filing the petition had
expired, as it had been filed after the period of six months established by Article
46(1)b. of the American Convention.”
5.
On November 25, 1994, the petitioners informed the Commission that the
decision of the Supreme Court of Peru regarding the appeal for annulment of the
judgment of October 10, 1994, rendered by the “faceless special tribunal of the
regular court system” was pending.
6.
On February 15, 1995, the State asserted that the Commission did not have
jurisdiction to consider the case due to the “non-exhaustion of domestic remedies.”
On March 2, 1995, the Commission, in response to the State, noted that it was not
possible to raise that objection in “the situation in which a person who has been tried
and acquitted by a military court for the crime of ‘Treason against the Fatherland’
then finds himself being tried and in the process of being judged by the regular court
for the same facts, under the legal title of the crime of ‘Terrorism’.”
7.
On March 5, 1996, the Commission approved Report No. 15-A/96. The
following day, the Commission, in accordance with Article 48(1)f. of the American
Convention, put itself at the disposal of the parties to explore the possibility of
arriving at a friendly settlement, deciding not to notify them of the report until they
had responded to its offer. The petitioners were willing to take part in the suggested
proceeding under certain conditions. The State, for its part, requested, on April 1,
1996, an extension to respond to the possibility; however, despite having obtained
the extension, it did not respond to the Commission’s offer.