Inter-American Court of Human Rights
Case of Cayara v. Peru
Judgment of February 3, 1993
(Preliminary Objections)
In the Cayara Case,
the Inter-American Court of Human Rights, composed of the following judges:
Héctor Fix-Zamudio, President
Sonia Picado-Sotela, Vice President
Rafael Nieto-Navia, Judge
Alejandro Montiel-Argüello, Judge
Hernán Salgado-Pesantes, Judge
Asdrúbal Aguiar-Aranguren, Judge
Manuel Aguirre-Roca, ad hoc Judge
also present:
Manuel E. Ventura-Robles, Secretary, and
Ana María Reina, Deputy Secretary
delivers the following judgment pursuant to Article 31 of the Rules of Procedure
(hereinafter “the Rules”) of the Inter-American Court of Human Rights (hereinafter
“the Court”) on the preliminary objections interposed by the Government of Peru
(hereinafter “the Government” or “Peru”) in written communications and at the
public hearing.
I
1.
The instant case was brought to the Court by the Inter-American Commission
on Human Rights (hereinafter “the Commission”) on February 14, 1992. It relates to
Petitions Nos 10.264, 10.206, 10.276 and 10.446.
2.
The Commission filed this case in order that the Court determine whether the
country in question violated the following articles of the American Convention on
Human Rights (hereinafter “the Convention” or “the American Convention”): 4
(Right to Life), 5 (Right to Humane Treatment), 7 (Right to Personal Liberty), 8
(Right to a Fair Trial), 21 (Right to Property) and 25 (Right to Judicial Protection),
read together with Article 1(1) (Obligation to Respect Rights),
as a result of the extrajudicial executions, torture, arbitrary detention, forced
disappearance of persons and damages against public property and the property of
Peruvian citizens, who were victims of the actions of members of the Peruvian army,