The events of the case relate to the kidnapping and subsequent disappearance of Ernesto Rafael Castillo Páez by the Peruvian National Police in October 1990, in the context of an operation to arrest those in charge of the group “Sendero Luminoso”. After the victim’s disappearance, the relatives filed a writ of habeas corpus, which subsequently led to criminal proceedings for the crime of abuse of authority against various Police officials. Nevertheless, the court ordered for the case to be closed without anyone being punished.

The IA Court considered the incidents from the perspective of forced disappearance, furthermore establishing the relevance of habeas corpus in these types of cases. In the same way, the IA Court noted that the State is obligated to investigate these types of events given that even if difficulties of an internal nature prevent the identification of those responsible, the victim’s family still has the right to know what happened to the victim and the whereabouts of his remains.