REPORT Nº 14/041 PETITION 11.568 ADMISSIBILITY LUIS ANTONIO GALINDO CARDENAS PERU February 27, 2004 I. SUMMARY 1. The instant report concerns the admissibility of petition Nº 11.568. The Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission”, the “Commission” or “IACHR”) initiated the proceeding on January 24, 1996, after receiving a petition dated January 3, 1996, submitted by Mr. Luis Antonio Galindo Cárdenas against the Republic of Peru (hereinafter “Peru”, “the State”, or “the Peruvian State”). The petitioner alleges that he had been illegally detained on October 16, 1994, in application of Decree Law No. 25475 on terrorism, had been imprisoned in the barracks of the Yanac Anti-Subversive Batallion, in the city of Huánuco, for 31 days and was initially held incommunicado, subjected to psychological torture and falsely and publicly accused of having sought recourse to Decree Law No. 25499, known as the Law on Repentance. He further alleges that the State has not fulfilled its obligation to investigate the complaints and to punish those responsible. 2. The petitioner alleges consequently that the Peruvian state violated his rights to humane treatment, personal liberty, freedom from ex post facto laws, to compensation, to have his honor respected and his dignity recognized, the right of correction and reply, the right of protection of the family, freedom of movement and residence, the right to a fair trial and the right to judicial protection, enshrined in Articles 5, 7, 9, 10, 11, 14, 17, 22, 8 and 25 of the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”), respectively, in accordance with Article 1.1 of the aforementioned international instrument. 3. The State for its part alleges that the petitioner has not exhausted all the remedies available under domestic law and that the petition was presented after the deadline for presentation. 4. After reviewing the arguments of the parties and compliance with the requirements for admissibility provided for in the Convention, the Commission decided to declare the petition admissible in accordance with the provisions of Articles 46 and 47 of the American Convention on Human Rights, and without prejudging the substance of the case. II. PROCESSING BY THE COMMISSION. 5. On January 24, 1996, the Commission, in accordance with its Rules of Procedure then in force, opened the case, transmitted the pertinent parts of the complaint to the Peruvian State and requested information to be submitted within a period of 90 days. The State responded in its communications of April 29 and May 6, 1996. On June 10, 1996, the petitioner submitted observations on the reply of the State. After an extension had been granted, the State submitted its observations on December 26, 1996. The petitioner provided additional information on October 6, 1996, on December 25, 1996, and on January 8, 1997. The petitioner responded to the State’s observations on January 23, 1997. 6. Both parties subsequently presented additional observations on various occasions reiterating their main arguments, which were transmitted to the opposing side. On November 29, 2001, the State submitted a copy of reports of the Huánuco Counter-Terrorism Department 1 In accordance with the provisions of Article 17(2)(a) of the Rules of Procedure of the Inter-American Commission on Human Rights, Commissioner, Susana Villarán, of Peruvian nationality, did not participate in the discussion or decision in the present case. 1