With respect to the recommendations concerning strengthening the capacity of the judiciary to
investigate the facts and punish those responsible; as well as measures to prevent any such events
from occurring in the future, including implementing permanent education programs on human rights
and international humanitarian law in the training schools of the armed forces, the State said that it
had imparted multiple training courses on human rights to members of the armed forces. The State also
provided information on a number of cooperation agreements between the Ministry of Defense and the
Ombudsman and other civil society actors for implementing that recommendation. However, the
Commission has no specific information regarding the effective implementation of a permanent course
or about the component for strengthening the judiciary recommended in the report on merits of the
IACHR.
Finally, the State did not offer any information about its compliance with the recommendation
concerning the adoption of administrative measures against those public officials found to bear
responsibility for the violations found in the report, including any judicial officers who failed to
properly discharge their duties.
Considering that, to date, the State has had seven extensions and that the report on
admissibility and merits was adopted two years ago, the Commission has decided to submit this case to
the Inter-American Court because of the need to obtain justice for the victims and the lack of
meaningful progress in implementing the recommendations.
Based on the foregoing, the IACHR requests that the Court find and declare the Peruvian State
responsible for violation of:
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
conjunction with 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 Guillén Ccanto, Victoria Riveros, Marino Huamaní
Vergara, and Alejandro Huamaní Robles;
4. the right to a fair trial and judicial protection recognized in Articles 8 and 25 of the American
Convention, taken in conjunction with Article 1(1) thereof, Article 1 of the Inter-American
Convention on Forced Disappearance of Persons, and Articles 6 and 8 of the Inter-American