The facts of the case concern the arbitrary detention of Wilson García Asto and Urcesino Ramírez Rojas, in 1995 and 1991 respectively, by the Peruvian National Police. The case also concerns their being maintained incommunicado and the later investigation, trial and sentencing carried out by “faceless” judges and prosecutors, in accordance with the established and active anti-terrorist legislation. The State carried out partial recognition of responsibility regarding the events which occurred before September 2000, as this was the moment in which democratic order was restored in the nation.

The IA Court analyzed the compatibility of the criminal definition of terrorism with the principle of legality and freedom from ex post-facto laws.