2
1997, the State itself later ordered the criminal proceedings to be reopened in keeping with the judgment of the
Inter-American Court of Human Rights in the Barrios Altos case on March 14, 2001.
5.
The State argues that the petitioners have failed from the outset to observe the universally
recognized subsidiary nature of the supranational system of protection and, as a result, have not exhausted
domestic remedies. It says that the criminal proceeding has been ongoing since 2001, that efforts are still
underway to locate the absent defendants, and that in 2008 a new investigation into the alleged offenses was
opened by the Huancavelica Supra Provincial Criminal Prosecutor's Office. The State submits that the fact that a
final outcome has not yet been reached in the case is not sufficient grounds to brand the State a promoter of
impunity. In conclusion, the State considers that the situation of this case as it currently stands is not covered by
any of the exceptions provided in Article 46(2) of the American Convention.
6.
Having analyzed the available information, assessed the procedure, and applied Article 36(3) of
its Rules of Procedure as they were then in force in order to defer a decision on admissibility, the Commission has
found that the admissibility requirements set forth in Articles 46 and 47 of the American Convention have been
met, and it concludes that the State is responsible for violation of the obligation to ensure: 1) the rights to personal
liberty, humane treatment, life, and juridical personality under Articles 7, 5, 4 and 3 of the American Convention,
taken in conjunction with Article 1(1) of that instrument, to the detriment of the 15 victims in the case; 2) the
rights of the child in accordance with Article 19 of the American Convention to the detriment of the seven children:
Yessenia, Miriam and Edith Osnayo Hilario; Wilmer Hilario Carhuapoma, Alex Jorge Hilario, and the brothers Raúl
and Héctor Hilario Guillén; 3) the right to a family enshrined in Article 17 of the American Convention to the
detriment of the victims in the case and their next-of-kin; 4) the right to a fair trial and judicial protection
recognized in Articles 8 and 25 of the American Convention, taken in conjunction with Article 1(1) thereof, Articles
I and III of the Inter-American Convention on Forced Disappearance of Persons, and Articles 1, 6 and 8 of the InterAmerican Convention to Prevent and Punish Torture, to the detriment of the disappeared persons and their nextof-kin; and 5) the right to integrity to de detriment of the victim’s family members.
II.
PROCESSING BY THE COMMISSION
7.
The IACHR received the petition on July 26, 1991, and registered it as number 10.932, in keeping
with its practice at the time. On August 1, 1991, the Commission transmitted the petition to the State and gave it
90 days to present its comments. The Peruvian State presented its response in notes dated September 23 and
November 4, 1991, which were forwarded to the petitioners in a communication of December 16, 1991. The
petitioners submitted observations in a communication of February 20, 1992, which was conveyed to the State on
March 24, 1992. The petitioners requested the IACHR to grant precautionary measures in a communication dated
March 11, 1992, which was forwarded to the State on March 24, 1992. On July 21, 1992, the Commission
reiterated the request to the State for information made on March 24, 1992. The State presented its observations
in a note dated September 21, 1992, which were transmitted to the petitioners on November 11, 1992, with the
request that they submit their observations within 45 days.
8.
The State presented information in a communication of February 24, 1993. The petitioners
submitted observations in a communication of June 8, 1993, which was transmitted to the State on June 24, 1993.
On July 2, 1993, the Commission sent a note to the State confirming receipt of the communication of February 24,
1993. Mrs. Luz Roque Montesillo submitted information in a communication dated October 5, 1993, which was
relayed to the State in a communication dated December 24, 1996. Subsequently, on January 10, 1997, the IACHR
instructed the State to ignore the above communication as it concerned information supplied by a person who was
not a party in case 10.932. The petitioners presented information on November 18, 1997, which was conveyed to
the State on December 11, 1997. The State submitted observations in a communication dated February 5, 1998,
which was relayed to the petitioners on February 25, 1998.
9.
On May 4, 2000, the IACHR requested the petitioners and the State to provide updated
information and placed itself at the disposal of the parties with a view to reaching a friendly settlement in the case.
The State requested an extension in a communication dated June 16, 2000. The petitioners requested an