3
9.
On July 29, 1998, the Commission made itself available to the parties in
order to reach a friendly settlement, in accordance with Article 48(1)(f) of the
American Convention. On August 14, 1998, the State responded negatively to the
possibility of seeking a friendly settlement, because it deemed that this procedure
was not applicable in the instant case. Finally, in a note of August 17, 1998, the
petitioners indicated that the only possible solutions was the reinstatement of the
justices whose dismissal was unconstitutional.
10.
On December 9, 1998, during its 101st regular session, the Commission
adopted Report No. 58/98, which was forwarded to the State on December 14,
1998. In this report, the Commission concluded that
[...] by dismissing Justices Manuel Aguirre Roca, Guillermo Rey Terry and Delia Revoredo
Marsano de Mur from the bench of the Constitutional Court, for alleged procedural
irregularities in the clarification of the ruling that found that Law No. 26,657 was nonapplicable, [...] the State of Peru violated the essential guarantee of the Constitutional
Court’s independence and autonomy (Article 25 of the American Convention); the right
to a fair trial (Article 8(1) of the Convention) and the guarantee of security in a position
in public service (Article 23(c) of the Convention).
The Commission also made the following recommendations to the State:
[t]hat [...] it make appropriate reparations to the Constitutional Court [j]ustices, Manuel
Aguirre Roca, Guillermo Rey Terry and Delia Revoredo Marsano de Mur, by restoring
them to their seats on the bench of the Constitutional Court and by compensating them
for all income not received since the date of their unlawful removal from the bench.
The Commission granted the State a period of two months to adopt the
corresponding measures to comply with these recommendations.
11.
In a note of December 15, 1998, the State expressed its concern that the
media had published information on the adoption of the report pursuant to Article 50
of the Convention, because the matter should have been maintained “in the strictest
confidence.”
12.
On February 1, 1999, the petitioners requested the Commission to submit
the case to the Inter-American Court.
13.
On February 12, 1999, Peru requested an extension of the 60-day period so
that it might continue studying the recommendations made in the Commission’s
report. On February 26, 1999, the Commission granted the requested extension
and suspended the application of the time periods established in Article 51(1) of the
Convention. On April 14, 1999, the State requested a further extension, to which
the Commission also agreed. During the time granted by the Commission, the State
and the petitioners held meetings designed to reach a friendly settlement, with the
Commission’s knowledge and in its presence; however, this was not achieved.
14.
On June 17, 1999, after formally notifying the parties, the Commission
decided to submit the case to the Court under Article 51 of the Convention.
IV
PROCEEDING BEFORE THE COURT