REPORT No. 140/11 CASE 11.845 MERITS JEREMÍAS OSORIO RIVERA AND OTHERS PERU October 31, 2011 I. SUMMARY 1. On November 20, 1997, the Inter-American Commission on Human Rights (hereinafter also “the Inter-American Commission,” “the Commission,” or “the IACHR”) received a petition lodged by Porfirio Osorio Rivera and the Association for Human Rights (Asociación Pro Derechos Humanos, APRODEH; hereinafter also “the petitioners”), on behalf of Jeremías Osorio Rivera (hereinafter also “the alleged victim”), in which they alleged the violation by the Republic of Peru (hereinafter also “Peru,” “the State,” or “the Peruvian State”) of rights enshrined in the American Convention on Human Rights (hereinafter also “the American Convention” or “the Convention”). The petitioners affirmed that Mr. Jeremías Osorio was detained by members of an Army patrol on April 28, 1991, in the province of Cajatambo, department of Lima, and that his whereabouts have remained unknown since that date. They claimed that complaints presented by the alleged victim’s family had proved fruitless and that a trial pursued under military jurisdiction was dismissed in a final ruling in February 1996. They reported that the investigation was reopened in June 2004, but that no final decision was reached. They noted that although over 20 years have passed since the alleged forced disappearance of Jeremías Osorio Rivera, the Peruvian authorities have not clarified the facts, determined his whereabouts, punished those responsible, or provided his next-of-kin with others forms of redress. 2. The State described the measures taken by its courts and prosecutorial system in connection with the alleged forced disappearance of Jeremías Osorio Rivera. It said that since the reopening of the investigation in June 2004, the Public Prosecution Service and the judicial branch had been taking a number of measures to ascertain the facts and punish those responsible. It held that the passage of several years without a final judicial resolution was due to the complexity of the case and of the crime under investigation. 3. After analyzing the positions of the parties, the Inter-American Commission concluded that the Peruvian State was responsible for violating the rights enshrined in Articles 3, 4, 5, 7, 8.1, and 25.1 of the American Convention, in conjunction with the obligations set out in Articles 1.1 and 2 thereof, as well as those contained in Articles I and III of the Inter-American Convention on Forced Disappearance of Persons. II. PROCEEDINGS BEFORE THE IACHR 4. On November 20, 1997, the Commission received the petition and registered it as No. 11.845. Its processing up to the admissibility decision is set out in detail in report No. 76/10 of July 12, 1 2010. 5. In that report the IACHR ruled the petition admissible regarding the possible violation of the rights enshrined in Articles 3, 4, 5, 7, 8, and 25 of the American Convention, in conjunction with the obligations set out in Articles 1.1 and 2 thereof, as well as those contained in Articles I and III of the InterAmerican Convention on Forced Disappearance of Persons. 6. On July 21, 2010, the Commission gave the parties notice of admissibility report No. 76/10 and granted a deadline of three months for the petitioners to submit their comments on the merits, 1 IACHR, Report No. 76/10, Petition 11.845, Admissibility, Jeremías Osorio Rivera, Peru, July 12, 2010, paras. 4 and 5, available at www.cidh.oas.org/casos/10.sp.htm.