Inter-American Court of Human Rights

Case of Castillo Petruzzi et al. v. Peru

Judgment of May 30, 1999

(Merits, Reparations and Costs)

In the Castillo Petruzzi et al. Case,
the Inter-American Court of Human Rights (hereinafter “the Court,” the InterAmerican Court” or “the Tribunal”), composed of the following judges:
Hernán Salgado-Pesantes, President
Antônio A. Cançado Trindade, Vice President
Máximo Pacheco-Gómez, Judge
Oliver Jackman, Judge
Alirio Abreu-Burelli, Judge
Sergio García-Ramírez, Judge
Carlos Vicente de Roux-Rengifo, Judge
Fernando Vidal-Ramírez, Judge ad hoc ;
also present:
Manuel E. Ventura-Robles, Secretary and
Renzo Pomi, Deputy Secretary,
pursuant to articles 55 and 57 of the Court’s Rules of Procedure, enters the following
judgment.
I
INTRODUCTION OF THE CASE
1.
On July 22, 1997, the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) filed an
application against the Republic of Peru (hereinafter “the State” or “Peru”). The
case in question had originated in a petition (No. 11,319) received at the
Commission’s Secretariat on January 28, 1994. Citing articles 50 and 51 of the
American Convention (hereinafter “the Convention” or “the American Convention”),
in its application the Commission submitted the instant case for a ruling as to
whether the following articles of the Convention were violated when a “faceless”
military tribunal tried Mr. Jaime Francisco Sebastián Castillo Petruzzi, Mrs. María
Concepción Pincheira Sáez, Mr. Lautaro Enrique Mellado Saavedra and Mr. Alejandro
Luis Astorga Valdez, convicted them of treason under Decree-Law No. 25,659, and
sentenced them to life imprisonment: Article 1(1) (Obligation to Respect Rights);
Article 2 (Duty to Undertake Internal Legislative or Other Measures); Article 5 (Right
to Humane Treatment); Article 8 (Right to a Fair Trial); Article 20 (Right to

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