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in compliance with Article 37.1 of its Rules of Procedure. The petitioners replied by means of a
submission received on December 8, 2010, which was conveyed to the State on February 8, 2011, with a
three-month deadline in which to submit its comments. The State sent its comments on April 29, 2011,
and, on May 18 of that same year, submitted complementary information. The State sent further
additional information on September 6, 2011, and, on September 7 of that year, the petitioners submitted
a communication.
III.

POSITIONS OF THE PARTIES

A.

Position of the Petitioners

7.
By way of context, the petitioners contended that up until April 1991, Mr. Jeremías Osorio
Rivera resided in the community of Cochas-Paca, Cajatambo province, in the north of Lima department.
Between 1989 and 1992, they said, the Shining Path irregular armed group (Sendero Luminoso)
conducted a series of violent attacks on that region’s inhabitants. During the same period, the security
forces committed serious human rights violations, such as torture, executions, and disappearances
against persons suspected of collaborating with Shining Path.
8.
The petitioners alleged that following the coup d’état of April 5, 1992, the Peruvian justice
system refrained from investigating the war crimes and crimes against humanity committed by the
security forces. They noted that Amnesty Laws Nos. 26479 and 26492 of June and July 1995 prevented
the prosecution of members of the armed forces involved in human rights violations. They claimed that
despite the restoration of the democratic and constitutional order in late 2000, some governments have
taken steps to avoid the obligation of investigating and punishing the crimes committed during the internal
armed conflict. For instance, they stated that on August 31, 2010, former President Alan García enacted
Legislative Decree No. 1097, setting differentiated criteria for the dismissal of complaints alleging human
rights violations. Although that decree remained in force for only two weeks, they contended that several
defendants facing charges for serious human rights violations were able to get their prosecutions
dismissed.
9.
With regard to the specific facts of this case, the petitioners allege that on April 28, 1991,
the alleged victim and his cousin Gudmer Tulio Zárate Osorio were arrested by troops from the
Cajatambo Countersubversive Base. They reported that the arrest took place during a social event in
Cochas-Paca previously authorized by the commanding officer of the countersubversive base, Lt. Juan
Carlos César Tello Delgado. According to their claims, Jeremías Osorio was arrested during a physical
altercation with his cousin Gudmer Tulio Zárate, while they were both under the influence of alcohol. They
reported that the detainees were taken to the Nunumia community center, where an army patrol made up
of soldiers from the Cajatambo Base had set up a temporary camp.
10.
The petitioners claimed that on April 29, 1991, Mr. Porfirio Osorio Rivera and Ms. Juana
Rivera Lozano, the alleged victim’s brother and mother, asked the members of the patrol for information
on Jeremías Osorio’s situation. They stated that the soldiers merely informed them that the arrest was
under the authority of Lt. Juan Carlos Tello. They reported that the lieutenant informed his superiors that
explosives and a weapon had been found on the alleged victim, but that no record of seizure or personal
search was prepared. They contended that the probable reason for his arrest was an accusation made by
his cousin Gudmer Tulio Zárate, on account of the altercation he had had with the alleged victim. They
also stated that residents of the community of Nunumia saw Mr. Osorio Rivera with injuries to his face
and had heard screams coming from the community center where he was being held.
11.
The petitioners reported that on April 30, 1991, Gudmer Tulio Zárate Osorio was released
with no formalities whatsoever. They claimed that some of the people from Cochas-Paca remarked that
he was released after two sheep were handed over to the members of the army patrol. They reported that
on that same date, the patrol left Nunumia on horses lent to them by some of the villagers. They claimed
that the soldiers took Mr. Jeremías Osorio Rivera with them, his hands tied behind his back and a hood
covering his face.

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