INTER - AMERICAN COMMISSION ON HUMAN RIGHTS COMISION INTERAMERICANA DE DERECHOS HUMANOS COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME ORGANIZACIÓN DE LOS ESTADOS AMERICANOS WASHINGTON, D.C. 2 0 0 0 6 EEUU January 4, 2012 Ref.: Case No. 11.769 - A J. Perú Mr. Secretary: I am pleased to address you on behalf of the Inter-American Commission on Human 1 Rights in order to file Case No. 11.769-A, J. v. the State of Peru (hereinafter “the State,” “the Peruvian State” or “Peru”), before the jurisdiction of the Honorable Inter-American Court of Human Rights., relating to the illegal and arbitrary detention of J. and the home searches conducted on April 13, 1992 by State agents, who committed acts of torture and cruel, inhumane and degrading treatment, including rape of the victim. Following those acts, Ms. J was taken to the National Counter-Terrorism Directorate (DIRCOTE) and deprived of her liberty in that place for 17 days, without judicial oversight and in inhuman conditions. Furthermore, the case relates to a series of violations of due process and of the principle of legality and non-retroactivity in connection with the criminal proceedings against the victim on account of alleged crimes of terrorism when Decree Law 25475 was in force. Ms. J. was acquitted in June 1993, after which she left Peru. On December 27, 1993, the anonymous ("faceless") Supreme Court of Justice annulled the acquittal without explanation of its reasons for doing so and ordered a retrial. To this day, proceedings against Ms. J. remain pending in Peru, with an international warrant for her arrest. The State of Peru ratified the American Convention on Human Rights (hereinafter “the American Convention” or “the ACHR”) on July 28, 1978 and accepted the contentious jurisdiction of the Court on January 21, 1981. Likewise, the State of Peru also ratified the Inter-American Convention to Prevent and Punish Torture on March 28, 1991, and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women “Convention Of Belém do Pará" on June 4,1996. The Commission has designated Commissioner José de Jesús Orozco Henríquez and Executive Secretary of the IACHR, Santiago A. Canton, as its delegates. Likewise, Elizabeth AbiMershed, Deputy Executive Secretary, and Silvia Serrano Guzmán, attorneys at the Executive Secretariat of the IACHR will serve as legal advisors. Mr. Pablo Saavedra Alessandri, Secretary Inter-American Court of Human Rights Apartado 6906-1000 San José, Costa Rica Attachments In accordance with Article 35 of the Rules of Procedure of the Inter-American Court, the Commission is enclosing with this communication a copy of Report No. 76/11 prepared in accordance with Article 50 of the American Convention, as well as a copy of the entire file before 1 The information regarding the decision to keep her identity confidential can be found in the Attachment to this communication.