REPORT No. 4/10
PETITION 664-98
ADMISSIBILITY
RIGOBERTO TENORIO ROCA ET AL.
PERU
March 15, 2010
I.

SUMMARY

1. On November 13, 1998, the Inter-American Commission on Human Rights (hereinafter also
“the Inter-American Commission,” “the Commission” or “the IACHR”) received a petition that
Mrs. Cipriana Huamaní Anampa and the National Committee of Relatives of Detainees,
Disappeared and Refugees in Lima [Comité Nacional de Familiares de Detenidos,
Desaparecidos y Refugiados en Lima] (hereinafter also “the petitioners”)1 lodged on behalf of
Rigoberto Tenorio Roca (hereinafter also “the alleged victim”) in which they alleged that the
Republic of Peru (hereinafter also “Peru”, “the State” or “the Peruvian State”) had violated the
American Convention on Human Rights (hereinafter also “the American Convention,” “the
Convention” or “the ACHR”).
2. The petitioners stated that on July 7, 1984, Rigoberto Tenorio Roca was detained and taken
to a Navy Marine garrison in the province of Huanta, department of Ayacucho. His
whereabouts are unknown since then. The petitioners asserted that the complaints that the
alleged victim’s next of kin filed produced no result in the two criminal inquiries instituted in
the courts of ordinary jurisdiction, as those courts declined jurisdiction in favor of the military
justice system, which closed them. The petitioners alleged that although the investigations
were reopened within the courts of ordinary jurisdiction in 2003, the Public Prosecutor’s Office
has still not taken the investigations into the case beyond the preliminary stage. The
petitioners observed that although more than 25 years have passed since the disappearance of
Rigoberto Tenorio Roca, his whereabouts have still not been established, the case has not been
solved, those responsible have not been punished and reparations have not been made to his
next of kin.
3. The State described the judicial proceedings conducted into the alleged forced
disappearance of Rigoberto Tenorio Roca. It stated that the courts of ordinary jurisdiction
declined the criminal case to the military justice system, which further filed them. It pointed
out that in 2003, the Office of the First Supra-provincial Criminal Prosecutor of Ayacucho
reopened the investigations into the alleged forced disappearance of Rigoberto Tenorio Roca
and of other persons, and is taking a number of steps with a view to prosecuting those
responsible.
4. After examining the positions of the parties in light of the admissibility requirements set
forth in articles 46 and 47 of the Convention, the Commission concluded that it is competent to
consider the petition and that it is admissible with respect to the alleged violation of the rights
protected under articles 3, 4, 5, 7, 8 and 25 of the American Convention, in relation to articles
1(1) and 2 thereof, and articles I and III of the Inter-American Convention on Forced
Disappearance of Persons.
The Commission also decided to notify the parties of this
Admissibility Report, to make it public and include it in its Annual Report.
II.

PROCESSING BY THE COMMISSION

5. The original petition was received on November 13, 1998, and registered as number P 66498. The petitioners filed additional communications on February 1, 2007 and May 14, 2008.
6. In keeping with Article 30 of its Rules of Procedure, on April 13, 2009 the Commission
forwarded to the State the relevant parts of the petition and of the additional communications
filed by the petitioners. It asked the State to submit its response within two months.

1 The Asociación Pro Derechos Humanos (APRODEH) and the International Federation for Human Rights (FIDH)
became co-petitioners on February 1, 2007.
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