6
on May 14; it was difficult to be more specific as to number and identity because the
bodies had disappeared. Nevertheless, 22 victims were identified by name. The
Commission transmitted this petition to Peru on November 29, 1988, as Nº 10.264.
Without prejudging as to the admissibility of the petition, the Commission asked Peru
to supply whatever information it deemed appropriate within the prescribed time
limit of 90 days. That note was retransmitted on March 1, 1989.
16.
On July 8, 1988, the Commission received another petition which
complemented the one described above and gave rise to case Nº 10.206. According
to the petition, which was transmitted to the Government on July 11, some
witnesses to the events in Cayara had been arrested in their homes on June 29,
1988.
Among them were Guzmán Bautista-Palomino, Gregorio Ipurre-Ramos,
Humberto Ipurre-Bautista, Benigna Palomino de Ipurre and Catalina RamosPalomino, whose whereabouts are unknown. The relevant parties to the petition
approached the Government again on February 22, 1989, and September 7, 1989,
without eliciting a response.
17.
On December 16, 1988, the Commission received the petition that gave rise
to case Nº 10.276. According to that petition, the Mayor and Secretary of Cayara,
who had witnessed the events that occurred on May 14, were murdered on
December 14, 1988, together with the driver of the truck in which they were
travelling. The name of the Mayor was Justiniano Tinco-García, the Secretary was
Fernandina Palomino-Quispe, and the truck driver was Antonio Félix García-Tipe.
The petition was transmitted to the Government on December 29, 1988, and it was
asked to provide pertinent information. The Commission repeated this request for
information to the Government on September 8, 1989. The Government did not
provide any information on the subject.
18.
On September 13, 1989, the Commission received a new petition regarding
the Cayara Case, Nº 10.446. This one referred to the assassination of nurse Martha
Crisóstomo-García, one of the principal eyewitnesses to the events that occurred in
Cayara who was still alive. She was shot to death on September 8, 1989, in her
home in Huamanga, Ayacucho, at three in the morning.
The petition was
transmitted to the Government the very day of its receipt, September 13, 1989,
without eliciting any response. According to the Commission, the petition was
retransmitted to the Government on March 13, 1989 (sic), and April 12, 1990. The
Government made no reply, despite the fact that the Commission pointed out, as it
had in the previous case, that if no answer were forthcoming the Commission would
begin to consider applying Article 42 of its Regulations. That article provides that
when a government fails to respond, the facts reported in the petition are presumed
to be true.
19.
In view of the fact that no reply had been received from the Government in
case Nº 10.264, on June 9, 1989, the Commission sent the Government a note
indicating that it would consider the application of Article 42 of its Regulations. That
note was retransmitted on September 7. On September 29, the Representation of
Peru before the Organization of American States (OAS) declared that “the
proceedings within our domestic jurisdiction have still not been concluded. The
delay in replying to the ICHR’s request can be attributed to the need for strict
compliance with the rules guaranteeing the administration of justice which are
contained in the Constitution of the Republic of Peru.”