2
case fall within the temporal jurisdiction of the Court. In addition, Peru deposited the instrument of
ratification of the Inter-American Convention on Forced Disappearance of Persons (IACFDP) on August
30, 2001. Although the detention of Jeremías Osorio Rivera occurred on April 28, 1991, the case-law of
the inter-American system establishes that the effects of a forced disappearance are continuing, thus
the obligations contained in the IACFDP subsist until such time as the whereabouts of the victim are
determined, sanctions are meted out, and reparation is made.
The Commission has designated Commissioner José de Jesús Orozco, and Executive
Secretary Santiago A. Canton, as its delegates. Likewise, Elizabeth Abi-Mershed, Deputy Executive
Secretary; Tatiana Gos and Daniel Cerqueira, attorneys of the Executive Secretariat of the IACHR,
have been designated to serve as legal advisors.
In accordance with Article 35 of the Rules of Procedure of the Inter-American Court, the
Commission is enclosing with this communication a copy of Report 140/11 prepared in compliance with
Article 50 of the American Convention, as well as a copy of the entire file before the Inter-American
Commission (Appendix 1) and the annexes used in the preparation of Report 140/11 (Annexes).
The Commission adopted Merits Report No. 140/11 on October 31, 2011, and transmitted it to
the State on November 10, 2011; the State was given two months to report on the measures adopted to
carry out the respective recommendations. On December 10, 2011, the petitioners presented a
communication in which they state their reasons to justify their request for the case to be referred to the
jurisdiction of the Inter-American Court. On January 11, 2012, the State presented a report its first
report. On February 10, 2012 the State requested a two months extension and waived the right to
allege that deadline before the Court. That same day the IACHR notified the State the granting of the
extension. On March 21, 2012, the State presented its second report on compliance and requested a
two months extension and waived the right to allege that deadline to the Court, in order to have more
time to comply with the recommendations set out by the IACHR. On April 10, the IACHR notified the
State the granting of the extension. On May 24, 2012 the State presented its third report on compliance
and requested a third extension. However, taking into account the position of the petitioners and that
the information provided by the State in three opportunities does not reveal substantial progress in
complying with the recommendations set out, the Commission decided not to grant the extension
requested and to submit the case to the jurisdiction of the Inter-American Court due to the need to
obtain justice for the victims.
In particular, as regards recommendations 1 and 2, related to determining the whereabouts of
the victim, investigation, and punishment of the persons responsible for his forced
disappearance, the Commission notes that the State merely reported that “at this time the criminal
proceeding against the accused Juan Carlos Tello Delgado is going forward in the domestic jurisdiction
for the crime against humanity – forced disappearance – to the detriment of Jeremías Osorio Rivera.
This proceeding is before the Supreme Court of Justice, and the IACHR is aware of that fact.” In
addition, the petitioners informed that “the motion has been declare admissible, but it is still pending the
merits phase, after which the case will be elevated to the Supreme Court of Justice”. The Commission
observes that, to date, there is no information as regards the results of the motion presented and that
Peru did not clarify how long the criminal proceeding under way against the only member of the military
indicted, Juan Carlos Tello Delgado, could last nor indicated what measures it has been taking to
investigate all the persons responsible for the victim’s forced disappearance. The State did not present
information with respect to the actions undertaken to determine the whereabouts of the victim.
With respect to recommendation 3, related to reparation for the victim’s next-of-kin, the
Commission notes that the State described the procedures and mechanisms of collective and individual
reparations provided for in the National Reparations Plan. It stated that Law 28592 regulates that plan,
and created the Single Registry of Victims, which includes the persons whose rights were impaired
during the period of political violence in Peru from 1980 to 2000. It argued that on October 30, 2006 the

Select target paragraph3