4
for the Inter-American Commission on Human Rights:
Patrick Robinson, Delegate
Edith Márquez-Rodríguez, Attorney
Domingo E. Acevedo, Attorney
José Miguel Vivanco, Assistant
Viviana Krsticevic, Assistant
Ariel E. Dulitsky, Assistant
II
13. The following paragraphs summarize the events, circumstances and processing of this
case before the Commission as they were set forth in the application and its attachments
submitted to the Court.
14. According to the application, on October 21, 1990, Mr. Ernesto Rafael Castillo-Páez, a
university student and teacher, aged 22, was detained by officers of the Peruvian National
Police near the Central Park of Group 17, Sector Two, Zone Two, of the Villa El Salvador
district, Lima, Peru. According to witnesses to the events, when the agents detained him,
“they stripped him of his glasses, beat him, handcuffed him and put him in the trunk of a
police car, which then headed towards an unknown destination.” The arrest took place after
members of the subversive group “Sendero Luminoso [Shining Path]” (hereinafter PCP-SL)
had detonated explosives near the “Monumento a la Mujer” in the Villa El Salvador district.
Mr. Castillo-Páez had apparently left home early that morning to study with a friend when he
disappeared.
15. Mr. Castillo-Páez's parents received an anonymous telephone call informing them that
their son had been detained by the National Police. They immediately began to search for
him and, not finding him at the various police stations, instituted judicial proceedings in
order to locate him.
16. On October 25, 1990, a petition of habeas corpus was filed on behalf of the alleged
victim with the presiding Examining Magistrate on duty in the Lima District Court, who, on
October 31, 1990, upheld the petition. That decision was appealed by the Public Prosecutor
for Terrorism before the Court of Appeal. On November 27, 1990, that Court declared the
Prosecutor's appeal inadmissible, upheld the Examining Magistrate's ruling and ordered that
all the documents needed for bringing “the appropriate criminal charges” be submitted.
17. The Commission also contends that, under Law No. 23.506 -governing habeas corpus
and amparo in Peru- such a decision by the appellate court is final and constitutes res
judicata. The above notwithstanding, the State Prosecutor filed a petition for nullification
with the Court of Appeal, which did not grant the petition, whereupon the Prosecutor filed a
complaint directly with the Supreme Court. The Supreme Court upheld the application and
“ordered that the Court of Appeals grant the petition for nullification filed, as a result of
which the case was brought before the Supreme Court of Justice.” On February 7, 1991, the
Second Criminal Chamber of the Supreme Court issued a decision to “overturn the ruling and
declare the protective remedy inadmissible.”
18. Based on evidence in the habeas corpus proceedings, a case was brought before
Lima's Fourteenth District Criminal Court against several officials involved in the