49
XIV
APPLICATION OF ARTICLE 63(1)
The Commission’s arguments
114. In its application brief (supra 15), the Commission requested the Court to
condemn the State to make integral and appropriate reparations to Manuel Aguirre
Roca, Guillermo Rey Terry and Delia Revoredo Marsano, and to this end to “reinstate
them in the exercise of their functions” and compensate them for salary and related
benefits not received since the date they were dismissed and until their effective
reinstatement. It also requested the Court to order Peru to pay for the moral
damages and prejudice suffered “in relation to the honor and reputation, life and
safety of the [j]ustices.” Furthermore, it requested that the State be condemned to
pay the reasonable costs and expenses in which the victims incurred in the different
proceedings, in both the domestic sphere and before the inter-American system.
115. In reply to the Court’s request (supra 27), on January 8, 2001, the
Commission submitted a brief with its arguments on the expenses and costs in this
case and attached the evidentiary documents that, in its opinion, substantiated
them. These arguments are summarized below.
a.
With regard to Delia Revoredo Marsano:
i.
In order to suppress its “political adversaries”, the Government
of Peru had the practice of reviving closed judicial proceedings and
manipulating them, and this occurred with two matters concerning
Mrs. Revoredo Marsano because of her actions as a Constitutional
Court justice relating to the facts of the instant case. Accordingly,
and to defend themselves from the “political harassment, through
judicial channels” that they were experiencing, she and her husband
were obliged to employ lawyers and, later, to abandon Peru, seeking
political asylum; and
ii.
During the asylum, they had expenses that arose from
employing people to represent their companies and administer their
property in Peru; they employed lawyers in Costa Rica and in the
United States to prepare a “political complaint-report”, submitted to
the Inter-American Commission in order to file a proceeding for
slander in the State of Nevada in the United States; and lastly, they
paid for accommodation in Costa Rica and the United States and
incurred expenses for air travel to Washington D.C., Nevada and
Costa Rica, all of which amounted to US$958,406.62 (nine hundred
and fifty-eight thousand four hundred and six United States dollars
and sixty-two cents).
b.
With regard to Manuel Aguirre Roca:
i.
From April 1997 to November 2000, the period during which he
was separated from his functions as a Constitutional Court justice, he
incurred expenses for secretarial services and arising from the use of
an office where he worked on various domestic proceedings related to
the facts of this case and from covering much of the territory of Peru
offering talks and presentations, together with Justices Revoredo