2
FACTS SET FORTH IN THE APPLICATION
2.
The Court summarizes the facts in the instant case, as set out in the
application, as follows:
a)
The Commission brought a case against the State of Peru for the
unlawful deprivation of personal freedom and subsequent forced
disappearance of Messrs. Nolberto Durand Ugarte and Gabriel Pablo Ugarte
Rivera;
b)
According to the application, police with the Dirección contra el
Terrorismo (Counter-Terrorism Police, hereinafter “DIRCOTE”) detained
Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera on February 14 and
25, 1986, respectively, on suspicion of terrorism. After a police investigation,
they were turned over to Lima’s Thirty-ninth Examining Court, which
instituted the corresponding criminal proceedings. By order of the court, they
were later moved to the San Juan Bautista Social Rehabilitation Center CRAS- on the prison island of El Frontón (hereinafter “El Frontón”), where
they were incarcerated. At the time of their arrest, Mrs. Virginia Ugarte
Rivera, mother of Nolberto and sister of Gabriel Pablo, petitioned Lima’s
Forty-sixth Examining Court for writs of habeas corpus, one for her son and
the other for her brother. However, the process was interrupted when riots
broke out in various Peruvian prisons. Those petitions were filed on February
25 and 26, 1986. On July 17, 1987, Lima’s Sixth Police Court, which was
hearing the terrorism cases against Mr. Durand Ugarte and Mr. Ugarte Rivera,
found them innocent, ordered that they be released and that the case be
closed;
c)
On June 18, 1986, persons incarcerated for the crime of terrorism at El
Frontón and other prisons in the country rioted. On June 19, 1986, an
operation assigned to the Peruvian Navy got underway to quash the riot and
left scores of inmates either dead or wounded. At the time of the riots, Mr.
Durand Ugarte and Mr. Ugarte Rivera were being held at El Frontón. That
day, the President of the Republic issued Supreme Decree No. 006-86-JUS,
published in El Peruano on June 20, 1986, declaring the prisons to be a
“restricted military zone” and placing them formally under the jurisdiction of
the Commander of the Armed Forces;
d)
Mrs. Virginia Ugarte Rivera learned that a number of inmates had
survived the events described in the preceding paragraph and were in the
Navy’s custody. On June 26, 1986, she filed for a writ of habeas corpus
against the Director of Prisons and the Warden at El Frontón, on behalf of Mr.
Durand Ugarte and Mr. Ugarte Rivera. That same day, the corresponding
order was issued to institute proceedings. On June 27, 1986, the First
Examining Court of Callao dismissed the petition of habeas corpus. On July
15, 1986, the First Police Court of Callao upheld the June 27 decision of the
First Examining Court of Callao. On August 13, 1986 the First Criminal Law
Chamber of the Supreme Court ruled against nullification of the July 15
ruling.
The Tribunal of Constitutional Guarantees heard a remedy of
cassation brought by Mrs. Virginia Ugarte Rivera challenging the decision
delivered by the First Criminal Law Chamber, and on October 28, 1986, ruled
that “the decision in question [stood] firm and that claimant still had the right
to bring an action once again”; and

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