The facts of the case refer to the illegal arrest, by members of the Counter-Terrorism Office (DIRCOTE), and the disappearance of Norberto Durand Ugarte and Gabriel Pablo Ugarte Rivera, under the suspicion of having participated in terrorist acts, without a warrant or having being found guilty of any felony.

Whilst the victims were being detained, there was a riot in the “El Frontón” prison, which was declared as a “restricted military zone,” in this way preventing the entry of judicial and civil authorities. During the operation to recover control of the prison, security forces demolished the Blue Pavilion causing injury and death amongst the prisoners. Durand and Ugarte were not on the list of survivors nor were their corpses identified.

Regarding the violation of humane treatment, the IA Court established that is it not possible to infer the practice of torture or cruel, inhumane or degrading treatment from the disproportionate use of force employed to overthrow the riot, given that such concepts possess their own legal nature. The Court further stated that such concepts do not necessarily and automatically conclude in the arbitrary deprivation of life, even in circumstances such as those of this case.