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Ombudsman granted a Forced Dissapearance Hearing certificate to Mr. Jeremías Osorio Rivera and
that he “has already been officially recognized by the Peruvian State as a victim and recognized as
such by the Council of Reparations of Peru in its session of August 13, 2008.” It added that “the widow
and daughters of Mr. Osorio Rivera may have access […] to the integral reparations programs such as
education, health care, insertion in the labor market, as well as direct economic benefits.” Nonetheless,
it did not report on a likely date for carrying out the collective or individual measures of reparation to the
benefit of Mr. Osorio’s common-law wife and daughters. The Commission observes that although the
seven brothers and sisters and mother of Jeremías Osorio Rivera were considered victims by the
IACHR in Report No. 140/11, they have not been included in the Single Registry of Victims regulated by
Law 28592 nor the State has presented information about possible reparation on their behalf.
Regarding recommendation 4, related to legislative actions, protocols for the prevention
and investigation of cases of forced disappearance, and other measures of non-repetition,
including adaptation of the criminal definition of forced disappearance by the legislature, the
State described various academic activities and training courses for judges and prosecutors on the
investigation of serious human rights violations. It also told of several training courses held by the
Ministry of Defense for different levels of the Armed Forces. It indicated that those courses are carried
out by the Center for Humanitarian Law and Human Rights of the Armed Forces under an agreement
with the International Committee of the Red Cross, universities, and non-governmental organizations
specialized in human rights and international humanitarian law. In terms of adapting the criminal law
definition of forced disappearance, Peru reported that “on November 21, 2011, the Speaker of the
Congress of the Republic communicated with the then-director of the Vice-Ministerial Office requesting
the terms and guidelines of a preliminary draft legislative proposal to amend Article 320 of the Criminal
Code of Peru to bring it into line with the requirements of the American Convention.” The Commission
notes that the State did not present current information or information specifically related to the case.
Also the State did not explain how those norms and its actual implementation make it possible to regard
the defects that gave rise to the facts of the instant case as overcome. The State did not present
specific information about any other measures aimed at amending Article 320 of its Criminal Code.
Concerning recommendation 5, related to public acknowledgement of international
responsibility, the Commission observes that the State did not present any information.
In addition, in its last report of May 24, 2012, the State indicated that on May 23, a meeting with
the wife and four children of the victim was held in order to evaluate the possibility of reaching a friendly
settlement in this case. However, this process has been hampered by the brothers of the victim and
their legal representative, who conditioned the agreement to the progress of the criminal proceedings,
without taking into account other measures adopted with respect to the other recommendations.
However, in its communication dated June 5, 2012 the petitioners indicated that the State never
proposed the possibility to reach a friendly settlement. The Commission notes that the State did not
indicate the terms of a possible agreement, beyond the measures of justice.
In consequence, Commission submits this case to the jurisdiction of the Inter-American Court in
view of to the need to obtain justice for the victims, the nature and gravity of the violations found, and
the failure of the State to carry out the recommendations.
The Commission notes that this case will allow the Court to continue consolidating its case law
in relation to the use of forced disappearance in contexts of armed conflict, and reiterates the need to
bring the domestic legislation into line with the provisions of the American Convention, in relation to the
criminalization of the forced disappearance of persons in Peru.
The Inter-American Commission is submitting to the jurisdiction of the Court the full facts and
human rights violations as set out in merits report 140/11 and asks the Court to adjudge and declare the
international responsibility of the State of Peru for the: