This petition refers to the "take" by members of the Tupac Amaru Revolutionary Movement (MRTA) of the residence of the Japanese Ambassador in Peru on December 17, 1996. The same day the state of emergency was declared the then President Alberto Fujimori convened an emergency meeting and appointed people to the negotiation process with members of the MRTA, and ordered the development of a parallel plan to rescue the hostages who were part of the Armed Forces and the National Intelligence Service. Between December 17, 1996 and January 1997 the MRTA released most hostages, leaving 72 people at the residence.

April 22, 1997 the rescue operation "Nippon 96" known as "Chavín de Huántar" was executed. The rescue operation secured the release of hostages. The hostage and then judge Carlos Ernesto Giusti Acuna, Army Lieutenant Raul Gustavo Jimenez Chavez, Lieutenant Colonel Juan Alfonso Valer Sandoval, and fourteen MRTA members lost their lives. In addition, several hostages and state officials were wounded.

The Inter-American Court analyzed the state obligations to guarantee and to respect the right to life in connection with obligations arising regarding the use of force in the framework of hostage rescue operations. In addition, the Court analyzed the state's obligation to investigate diligently, and under ordinary criminal proceedings.