21
72.
Pursuant to the partial acknowledgment of international responsibility made
by the State (supra para. 20) and pursuant to the body of evidence in the instant
case, the Court finds the following facts to be proved:14
a)
Violations of Human Rights in Peru
72(1) The State created the Comisión de la Verdad y Reconciliación del Perú (“CVR”)
(Truth and Reconciliation Commission of Peru), which issued its Final Report on
August 28, 2003, in order to clarify the process, the matters of fact and the
responsibility for the terrorist violence and the violation of human rights that had
occurred since May 1980 and extended until November 2000, attributable both to
terrorist organizations and State agents, and also to promote initiatives intended to
consolidate peace and harmony among Peruvian citizens.15
72(2) During the period of time extending from the early 80’s through mid-90’s,
Peru experienced a conflict that developed between armed groups and police and
military forces. According to the report of the CVR, during those years, there was a
“generalized pattern” of violations of human rights by the State as a mechanism to
fight terrorism, in which extrajudicial executions and torture were applied.16
72(3) The CVR has found evidence that the forced disappearance of persons in Peru
was systematic, particularly during 1983 and 1984, and 1989 through 1993. This
implies the existence of a standardized modus operandi: a set of procedures
established for the identification, selection and processing of the victims, and the
subsequent elimination of any evidence of the crimes perpetrated, particularly, the
corpses of the people that had been tortured to death.17
72(4) Once identified, the victims were violently arrested, notwithstanding their
age,18 generally in their homes, in public places, at road checkpoints, in public
entities, or in raids by armed men wearing masks to cover their faces and generally
outnumbering the victims so as to quash any possible attempt of resistance. In those
cases where the detentions were performed at the homes of victims or at
checkpoints, there had previously been a follow-up or location of the suspects.
Subsequently, the victims were carried to a public, police or military facility where
14
Paragraphs 72(1) through 72(19), 72(21), 72(25) through 72(29) and 72(38) through 72(44) of
this Judgment are undisputed facts that this Court considers established on the basis of the partial
acknowledgment of international responsibility made by the State.
15
The Comisión de la Verdad (Commission for the Truth) was created by the President of the
Republic of Peru by means of a Decreto Supremo (Superior Executive Order) No. 065-2001-PCM of June 4,
2001. Its name was later changed to Comisión de la Verdad y Reconciliación (Truth and Reconciliation
Commission) by means of Decreto Supremo (Superior Executive Order) No. 101-2001-PCM.
16
Cf. Comisión de la Verdad (Commission for the Truth), Informe Final (Final Report), Lima: 2003,
Book VI, Patterns for the perpetration of Crimes and Violations of Human Rights, pages. 93, 115, 139 and
167 (Record of Appendixes to the application, Appendix 2).
17
Cf. Comisión de la Verdad (Commission for the Truth), Informe Final (Final Report), Lima: 2003,
Book VI, Patterns for the perpetration of Crimes and Violations of Human Rights, page 94 (Record of
Appendixes to the application, Appendix 2). In that same sense, see CIDH, Report about the Situation of
Human Rights in Peru, OEA/Ser.L/V/II.83/Doc. 31, of March 12, 1993, para. 37.
18
Cf. Comisión de la Verdad (Commission for the Truth), Informe Final (Final Report), Lima: CVR,
2003, Book VI, paragraph 8, Violence against boys and girls, page. 451 (Record of Appendixes to the
application, Appendix 2).