The facts of the case concern the illegal and arbitrary detention, and the breaking and entering on the part of state agents suffered by the young woman J., due to her alleged links with the group “Sendero Luminoso”. These events occurred during the early stages of 1992 and were protected by a regime of legal exception which suspended guarantees.

The IA Court considered that during the 80s and towards the end of 2000, Peru experienced a conflict between armed groups and military and police agents. This conflict was exacerbated by the systematic practice of human rights violations, among them extrajudicial executions and forced disappearances of people suspected of belonging to opposition political groups, which were carried out by State agents following orders of police and military leaders.

J. was accused under anti-terrorism legislation and was subjected to legal proceedings in “faceless” courts, which the IA Court considers to have violated her guarantees and the presumption of her innocence. Similarly, the Court evaluated the detention and the preventative prison sentence issued to J as well as the mistreatment and physical and sexual violence to which she was subjected.

The IA Court stated that, when there is serious reasons to believe that an act of torture or mistreatment has taken place, the decision to initiate and carry forward an investigation constitutes an imperative state obligation and cannot be disregarded or conditions by acts of legal provisions of any kind.