REPORT N° 19/051
PETITION 54/04
ADMISSIBILITY
VALDEMIR QUISPIALAYA VILCAPOMA
PERU
February 25, 2005
I. SUMMARY
1. On February 3, 2004, the Human Rights Commission (COMISEDH) (hereinafter the
“petitioner), submitted a complaint to the Inter-American Commission on Human Rights
(hereinafter the “Commission,” “Inter-American Commission,” or “IACHR”), alleging that the
State of Peru (hereinafter “Peru,” the “State,” or the “Peruvian State) violated certain rights
enshrined in the American Convention on Human Rights (hereinafter “the Convention” or “the
American Convention”) to the detriment of Valdemir Quispialaya Vilcapoma (hereinafter “the
victim”), by torturing him and subjecting him to inhumane treatment on January 23, 2002,
when he was performing military service with No. 31 Communications Company, December 9
Battalion, the Peruvian Army, in the city of Huancayo, capital of Junín Department. These acts
were investigated and tried as abuse of authority by a military criminal court, which ultimately
acquitted the noncommissioned officer involved, thereby violating the right to an impartial,
competent judge.
2. In its defense, the State of Peru contended that it conducted a criminal trial in the military
jurisdiction in this case, since the act in question involved an offense in the course of duty
[delito de función] committed by a military officer while serving on a military base, and thus
did not constitute the crime of torture.
3. The Commission has concluded in this report that the petition is admissible, since it pertains
to alleged violations of the right to humane treatment, the right to a fair trial, and the right to
judicial protection, established in Articles 5, 8, and 25, respectively, all of which are considered
in relation to Article 1(1), of the American Convention, and violations of the Inter-American
Convention to Prevent and Punish Torture, to the detriment of Valdemir Quispialaya Vilcapoma.
It has further decided to notify the parties of this decision, to publish the present report, and
to include it in its Annual Report.
II.

PROCESSING BY THE COMMISSION

4. In a communication dated February 3, 2004, COMISEDH lodged a complaint against the
State of Peru related to the torture of Valdemir Quispialaya Vilcapoma, as well as to the
investigation and trial for the crime of abuse of authority conducted by the military justice
system. On April 7, 2004, the IACHR sent a letter to the petitioner acknowledging receipt of
the complaint.
5. On May 24, 2004, the Commission opened petition 54-04. On May 25, 2004, it transmitted
the pertinent portions to the State, with the request that it provide information. On the same
date, it notified the petitioner of its action and requested it to send additional information.
6. In a communication dated July 23, 2004, the State submitted a request for an extension,
since the report of the official in question was pending. This extension was granted by the
IACHR in a letter dated August 30, 2004.
7. On October 4, 2004, the State submitted Report No. 063-2004-JUS/CND-SE, prepared by
the Executive Secretariat of the National Council of Human Rights, in which it responded to the
complaint lodged, and included copies of the domestic judicial proceedings. The information
submitted by the Peruvian State was transmitted to the petitioner on November 11, 2004. On
December 7, 2004, a communication was received from the petitioner in which it submitted its
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In accordance with the provisions of Article 17(2)(a) of the Commission’s Rules of Procedure, Commissioner Susana
Villarán, a Peruvian national, did not participate in either the deliberations or the decision in this case.
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