The facts of the case concern the detention, torture and forced disappearance of Jeremías Osorio Rivera, on April 28th 1991, by members of the Peruvian Army in the context of the “Palmira Operation Plan”, implemented in the province of Cajatambo, Department of Lima. In early 1991, a state of emergency was declared in the area, with the State taking internal control of it.

The IA Court understood that from 1980 to 2000 Peru experienced a conflict between armed groups and police and military forces. The conflict was exacerbated by systematic human rights violations –among them, extrajudicial executions and forced disappearance– directed against persons alleged to belong to opposition political groups. Such practices were perpetrated by State agents following orders of military and police chiefs.

The IA Court reiterated standards on the forced disappearance of persons –the jus cogens nature of its prohibition– and the scope of criminal military jurisdiction with regards to State obligations imposed by the American Convention. Additionally, it examined how the criminal investigations were conducted in view of the criteria of due diligence and the criminalization of forced disappearance in domestic legislation.

As for the suspension of safeguards, the IA Court reiterated that the prohibition of deprivation of liberty is a non-derogable right, not liable to suspension, much less during armed conflict.