REPORT Nº 13/03 1
PETITION 12.031
ADMISSIBILITY
JORGE ROSADÍO VILLAVICENCIO
PERU
February 20, 2003
I.

SUMMARY

1.
By petition lodged with the Inter-American Commission on
Human Rights (hereinafter “the Commission” or “the IACHR”) on April
13, 1998, Mrs. Amelia Villavicencio de Rosadío (hereinafter “the
petitioner”) reported that the Republic of Peru (hereinafter “Peru,” “the
State,” or “the Peruvian State”) violated, to the detriment of her son,
Mr. Jorge Rosadío Villavicencio (hereinafter “the victim”) the principle of
legality, and the rights to personal liberty, to privacy, and to a fair trial,
as enshrined in Articles 9, 7, 11, and 8, respectively, of the American
Convention on Human Rights (hereinafter “the Convention” or “the
American Convention”), in conjunction with Article 1(1) of the
Convention. The violations reported are related to alleged irregularities
committed by the judicial branch in the criminal proceedings against the
victim, in prosecuting him for the crime of possession and trafficking of
narcotics. In addition, also appearing in this case, as co-petitioner, is
Carolina Loayza Tamayo, Esq.
2.
With respect to the admissibility of the petition, the
petitioner argues before the Commission that the relevant domestic
remedies have been exhausted, and that the petition was lodged within
the time period provided for in the Convention, based on when she was
notified of the final decision in the domestic system. In addition,
petitioner notes that she is not asking the IACHR to review this case as
if it were on appeal, but rather, to verify whether her son’s rights under
the Convention were violated.
3.
The State, in turn, has informed the IACHR that it must
expressly declare this petition inadmissible, pursuant to Articles 47 and
48 of the American Convention, for being manifestly out of order.
4.
After analyzing the arguments of the parties and compliance
with the admissibility requirements provided for in the Convention, the
Commission decided to declare the petition admissible, in keeping with
1 In keeping with Article 17(2) of the Commission’s Rules of Procedure, Commissioner
Susana Villarán, of Peruvian nationality, did not participate in the discussion or
decision of this matter.

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