5
I
INTRODUCTION OF THE CASE AND CAUSE OF THE ACTION
1.
The case submitted to the Court. On July 8, 2013, the Inter-American Commission of
Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted a
brief (hereinafter “submission brief”) to the jurisdiction of the Inter-American Court in the case of
the Peasant Community of Santa Bárbara against the Republic of Peru (hereinafter “the State” or
“Peru”). According to the Commission, the case concerns the alleged responsibility of the State
for the alleged forced disappearance of 15 persons, most of them belonging to two families,
including seven children aged between eight months and seven years. These acts were allegedly
committed by members of the Peruvian Army on July 4, 1991, in the community of Santa
Bárbara, province of Huancavelica. The Commission noted that, despite the fact that the internal
investigations had demonstrated the criminal responsibility of the military personnel accused,
and that the military courts even found six members of the armed forces responsible for the
alleged acts, on January 14, 1997, the Supreme Court of Justice applied Amnesty Law No.
26.479. Even after the reopening of the criminal proceedings in 2005, there has been no final
conviction against of the perpetrators. Consequently, the facts remain in impunity.
2.
Procedure before the Commission. The procedure before the Commission was as follows:
a) Petition. On July 26, 1991, the Inter-American Commission received the initial petition
from the Center for Studies and Action for Peace (Centro de Estudios y Acción para La Paz CEAPAZ). Subsequently, on July 7, 1992, the Center for Justice and the International Law (CEJIL)
joined the case as co-petitioner. On August 31, 2010, the representatives reported that the
CEAPAZ organization was not legally sponsoring the case in Peru, and that said representation
had been assumed since 2006 by Paz y Esperanza, the same organization that represents the
majority of the alleged victims of the case in the domestic judicial proceedings.
b) Report on Admissibility and Merits. On July 21, 2011, the Commission adopted
Admissibility and Merits Report No. 77/11, pursuant to Article 50 of the Convention (hereinafter
“Admissibility and Merits Report”), in which it reached a series of conclusions and made several
recommendations to the State:
i.
Conclusions. The Commission concluded that the State was responsible for breach
of its obligations to prevent violations and ensure:
1.
The rights to personal liberty, humane treatment, life and juridical personality in accordance with Articles
7, 5, 4, and 3 of the American Convention, in conjunction with Article 1(1) of said instrument, to the
detriment of the adults Francisco Hilario Torres; his wife, Dionicia Quispe Malqui; their daughters, Antonia
and Magdalena Hilario Quispe; and their daughter-in-law, Mercedes Carhuapoma de la Cruz; Ramón Hilario
Morán and his wife Dionicia Guillén; and Elihoref Huamaní Vergara; as well as the children: Yessenia, Miriam
and Edith Osnayo Hilario; Wilmer Hilario Carhuapoma; Alex Jorge Hilario; and the brothers Raúl and Héctor
Hilario Guillén;
2.
The rights of the child in accordance with Article 19 of the American Convention, in relation to Article 1(1)
thereof, to the detriment of the children: Yessenia, Miriam and Edith Osnayo Hilario, Wilmer Hilario
Carhuapoma, Alex Jorge Hilario and the brothers Raúl and Héctor Hilario Guillén;
3.
The rights of the family recognized in Article 17 of the American Convention, in conjunction with Article
1(1) thereof, to the detriment of the disappeared persons: Dionicia Quispe Malqui, her daughters Antonia
and Magdalena Hilario Quispe, and her daughter-in-law Mercedes Carhuapoma de la Cruz; Ramón Hilario
Morán and his wife Dionicia Guillén; and Elihoref Huamaní Vergara, as well as the children Yessenia, Miriam
and Edith Osnayo Hilario; Wilmer Hilario Carhuapoma, Alex Jorge Hilario and the brothers Raúl and Héctor
Hilario Guillén and their next of kin: Zósimo Hilario Quispe, Marcelo Hilario Quispe, Gregorio Hilario Quispe,
Zenón Cirilo Osnayo Tunque, Víctor Carhuapoma de la Cruz, Ana de la Cruz Carhuapoma, Viviano Hilario
Mancha, Dolores Morán Paucar, Justiniano Guillen Canto, Victoria Riveros, Marino Huamaní Vergara and
Alejandro Huamaní Robles;