15
Court, by the circumstances surrounding the events, the condition of the witnesses, and the
time that had elapsed since the events.
55.
The witnesses' description of the vehicle as white is corroborated by the videotape
submitted together with its application as evidence by the Inter-American Commission
(Attachment XII), -and which the State did not refute, although it was duly transmitted to
it- reproducing the pertinent part of the Peruvian television broadcast "90 Segundos" on the
day of the events, showing a white police vehicle which participated, along with others, in
the same operation. Hence, the photographs presented by the State at the public hearing
on vehicles of other colors does not contradict the witnesses' statements.
56.
In accordance with the above, the Court finds that Peru violated, to the detriment of
Mr. Castillo-Páez, several paragraphs of Article 7 of the Convention, which governs personal
liberty in a general manner. Firstly, it is proven that the victim was detained by members
of the National Police of Peru without application of the causes and conditions set forth in
the Political Constitution of July 12, 1979, in force at the time at which the detention took
place, inasmuch as that fundamental law provided that no one may be arrested except by
written order issued by a judicial authority, which did not occur in this Case. It has not
been proven, nor has the State so claimed, that Mr. Castillo-Páez's detention took place
when he was surprised in flagrante delicto in the commission of a crime or that there was a
state of emergency in force at the time, circumstances which would have justified the
victim's detention by police officers without any judicial intervention. The foregoing has its
basis in Article 7, paragraphs 2 and 3, of the American Convention, and Article 2, paragraph
20 (g), of the Political Constitution.
57.
Nor does it appear from the acts of the proceedings that the detainee had been
brought before a competent court within 24 hours or otherwise if distance was a factor, nor
within fifteen days on suspicion of terrorism, pursuant to Article 7, paragraph 5, of the
Convention, and Article 2, paragraph 20(c), of the Constitution of Peru.
58.
On the contrary, with the statements by Judge Elba Minaya-Calle during the public
hearing (supra, para. 30.d.), it has been demonstrated that the police authorities denied
the arrest and hid the detainee so that he could not be located by the aforementioned
magistrate, since they furnished her with altered logs of entry of detainees. Mr. CastilloPáez' name did not appear in those logs, although those of other persons detained in the
same operation did appear, and they had been placed at the disposal of the investigating
authorities (DINCOTE). Ms. Minaya-Calle's testimony was confirmed by Mr. Cronwell Pierre
Castillo-Castillo, father of the victim, who also conducted a fruitless search for his son in the
police establishments.
59.
The State simply denied Mr. Castillo-Páez' arrest and, in support of the denial,
presented evidence in the form of reports from policemen on duty at the Villa El Salvador
Precinct Station, and from other units involved in the October 21, 1990 operation. However,
the Court considers that evidence to be insufficient to refute the statements of the
aforementioned witnesses.
60.
Peru's affirmation in its final arguments, supported by the document issued by the
Catholic University of Peru, that Mr. Castillo-Páez had been failed in the second semester of
his Sociology course and was, therefore, not a student at the time, is irrelevant in the
instant case.
61.
Lastly, this Tribunal is of the view that the evidence indicated above is reinforced by
the decision of August 19, 1991 of the Fourteenth Criminal Court of the Lima Judicial