The facts of the case concern the illegal deprivation of liberty of Luis Alberto Cantoral Benavides, following his arbitrary imprisonment, torture, the violation of his judicial guarantees and the double jeopardy imposed as a result of the mentioned events. The victim was detained by agents of the Counter Terrorism Division (DINCOTE) in February 1993, during which time a state of constitutional emergency was in place involving the suspension of a series of guarantees. During his detention, he was subjected to acts of violence whose objective was to obtain self-incrimination.

These events occurred in the context of the armed conflict experienced in Peru between armed groups and military and police agents during the 1980s and until the end of 2000. This conflict was exacerbated by the systematic practice of human rights violations, among them extrajudicial executions and forced disappearances of people suspected of belonging to opposition political groups, which were carried out by State agents following orders of police and military leaders.

Mr. Cantoral Benavides was subjected to legal proceedings in a military court, which according to the IA Court’s analysis violated the requirements of independence and impartiality established in the American Convention. The IA Court also evaluated the compatibility of the criminal definition of terrorism and treason with the principle that penalties must be lawful.