INTER - AMERICAN COMMISSION ON HUMAN RIGHTS
COMISION INTERAMERICANA DE DERECHOS HUMANOS
COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS
COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME

ORGANIZACIÓN DE LOS ESTADOS AMERICANOS
WASHINGTON, D.C. 2 0 0 0 6 EEUU
January 19, 2014
Ref.:

Case No. 11.568
Luis Antonio Galindo Cárdenas and relatives
Peru

Mr. Secretary:
I am pleased to address you on behalf of the Inter-American Commission on Human Rights in
order to file Case No. 11.568 Luis Antonio Galindo Cárdenas and relatives. v. Peru (hereinafter “the State”,
“the Peruvian State” or “Peru”) related to the illegal and arbitrary detention of the Provisional Member of
the Supreme Court of Huanuco of that time, Luis Antonio Galindo Cardenas, the October 16, 1994 after
appearing voluntarily to the “Yanac” Army Base, at the request of the Head of Political-Military Command
who had government powers in the area under emergency legislation in force. In this military base, Mr.
Galindo Cardenas remained imprisoned for 31 days. The Supreme Court of Huanuco was not informed, he
he was neither subjected to any form of judicial control. He was initially held in solitary confinement and
subsequently, he was suffered severe limitations in communication.
The Commission also found that Mr. Galindo Cardenas was not informed of the reasons for his
arrest and the charges against him, nor had the chance to properly conduct his defense. The
circumstances of his detention prevented Mr. Galindo Cardenas to request an effective judicial review of
the detention. All these circumstances, which were aimed at suppressing the resistance of Mr. Galindo
Cardenas into agreeing to the Repentance Law, led the Commission to find that the violation of procedural
and substantive guarantees mentioned above, and the conditions of detention, as a whole, constituted
cruel, inhuman and degrading treatment to the detriment of the victim.
The Commission also concluded that the Peruvian State is responsible under the principle of
legality and the prohibition of retroactivity, having criminalized the practice of law, in particular the
technical defense by the arbitrary application of Article 4 of Decree Law 25475 related to acts of
collaboration with terrorism.

Señor
Pablo Saavedra Alessandri, Secretario
Corte Interamericana de Derechos Humanos
Apartado 6906-1000
San José, Costa Rica

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