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 1 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. 1