REPORT No. 5/161 CASES 11.053, 11.054, 12.224, 12.225, and 12.823 FORCED DISAPPEARANCES IN PERU REPORT ON THE MERITS (CASE 11.054―TERESA DÍAZ APARICIO, CASE 12.224―SANTIAGO ANTEZANA CUETO, AND CASE 12.823―CORY CLODOLIA TENICELA TELLO) REPORT ON ADMISSIBILITY AND THE MERITS (CASE 11.053―WILFREDO TERRONES SILVA AND CASE 12.225―NÉSTOR ROJAS MEDINA) PERU 13 APRIL 2016 I. SUMMARY 1. Between August 1992 and June 2003, the Inter-American Commission on Human Rights (hereinafter “the Commission,” “the Inter-American Commission,” or “the IACHR”) received five petitions, alleging international responsibility of the Peruvian State (hereinafter “the state,” “the Peruvian State,” or “Peru”) for the alleged forced disappearances of Wilfredo Terrones Silva, Teresa Díaz Aparicio, Santiago Antezana Cueto, Néstor Rojas Medina, and Cory Clodolia Tenicela Tello, which took place between 1984 and 1992. 2. The petitioners alleged that their next of kin were detained and then were made to disappear by employees of the Peruvian State between 1984 and 1992, and after many years had elapsed in all cases, the state had not concluded the investigations to establish the whereabouts of the victims and to identify and punish those responsible for the incidents. The petitioners pointed out that these disappearances were part of a systematic pattern of forced disappearance of persons perceived to be associated with the terrorism taking place in the context of the state’s counterinsurgency fight. 3. As for the state, it described the various steps taken with respect to the disappearances of Wilfredo Terrones Silva, Teresa Díaz Aparicio, Santiago Antezana Cueto, Néstor Rojas Medina, and Cory Clodolia Tenicela Tello, in order to determine their whereabouts, find out the truth regarding the incidents, and punish those responsible. It underscored the existence of a National Action Plan to investigate forced disappearances and a Mass Grave Exhumation Plan in order to identify thousands of persons who are missing. It argued that years have passed without any final resolution because the cases are complex and that this cannot be imputed to the state. 4. After reviewing the position of the parties, the Inter-American Commission declared the admissibility of cases 11.053 (Wilfredo Terrones Silva) and 12.225 (Néstor Rojas Medina). The Commission concluded, with regard to the merits of all five cases, that the Peruvian State is responsible for the violation of the rights to recognition as a person before the law, to life, to humane treatment, to personal liberty, to a fair trial, and to judicial protection as enshrined in Articles 3, 4.1, 5.1 and 5.2, 7.1, 8.1, and 25.1 of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”), in connection with the obligations set forth in Articles 1.1 and 2 of the same instrument, for the forced disappearances of Wilfredo Terrones Silva, Teresa Díaz Aparicio, Santiago Antezana Cueto, Néstor Rojas Medina, and Cory Clodolia Tenicela Tello, in the context of the so-called counterinsurgency fight that occurred in Peru at the time that the disappearances started taking place. The Commission also concluded that the state violated Articles I and III of the Inter-American Convention on Forced Disappearance of Persons. It also violated Articles 6 and 8 of the Inter-American Convention to Prevent and Punish Torture to the detriment of Santiago Antezana Cueto. The Commission also concluded that the state violated the rights to humane treatment, to a fair trial, and to judicial protection provided for in Articles 5.1, 8.1, and 25.1 of the American Convention in connection with the obligations set forth in Articles 1.1 and 2 of the same instrument, to the detriment of the 1 According with Article 17 (2) of the Rules of Procedure, Commissioner Francisco Eguiguren Praeli, of Peruvian nationality, did not participate in the deliberation and approval of this case.