Comunidad Campesina de Santa BárbaraCase
The petition refers to the forced disappearances of 15 people (7 of whom were children) - all members of the rural community Santa Barbara in Huancavelica. On July 4, 1991 the victims were deprived of their liberty by state agents as part of a military operation, and remained in state custody while they were transferred to an abandoned mine known as "Mystery" or "Vallarón".
There they were put in a cavern and gunned down by the military; their bodies were almost immediately immolated with dynamite explosions. Then authorities and state agents took steps to eliminate the evidence and erase all traces of the bodies to avoid identification so that what had happened to the bodies and their whereabouts could not be determined.
A criminal complaint was filed but the Amnesty Law 26479 was applied and therefore the events went unpunished.
The Inter-American Court analyzed components of the crime of forced disappearance and its consequences for victims and families. Moreover, it analyzed dimensions of the state obligation to investigate forced disappearances, and the relation between lack of access to justice and the violation to the right to truth.
- Presentation to the IACommission
- Jul 26, 1991
- Submission to the IACourt
- Jul 8, 2013
- IACommission / Merits report: rights violated
ACHR IACFDP IACPPT 7, 5, 4, 3, 1.1 1.1, 19 17 8.1, 25.1, 1.1, 2 I.b, III 1, 6, 8 5, 1.1
- IACourt / Judgment: rights violated
ACHR IACFDP IACPPT 7, 5.1, 5.2, 4.1, 3, 1.1 I.a, II 7, 5.1, 5.2, 4.1, 3, 1.1, 19 I.a, II 21, 11.2, 1.1 8.1, 25.1, 1.1 I.b 1, 6, 8 7.6 5.1, 1.1
- IACourt / Judgment: rights non-violated
ACHR 11 17
- Forced disappearance
- Court documents
- Comunidad Campesina de Santa Bárbara. Hearing. January 27, 2015
- Comunidad Campesina de Santa Bárbara. Judgment. November 21, 2016
- Comunidad Campesina de Santa Bárbara. Judgment. September 1, 2015
- Comunidad Campesina de Santa Bárbara. Order of the IACourt. December 4, 2014
- Comunidad Campesina de Santa Bárbara. Order of the President. June 9, 2014
- Comunidad Campesina Santa Bárbara. Hearing. January 26, 2015
- Osorio Rivera, J, Penal Castro Castro, Tarazona Arrieta y ots, Espinoza Gonzáles, Cruz Sánchez y ots, Canales Huapaya y ots, Comunidad Santa Bárbara, Quispialaya Vilcapoma, Tenorio Roca y otros. Order of the IACourt. November 14, 2017