REPORT No. 163/11
PETITION 11.054
ADMISSIBILITY
TERESA DÍAZ APARICIO et. al.
PERU
November 2, 2011
I.
SUMMARY
1.
On August 28, 1992 the Inter-American Commission on Human Rights (hereinafter also
“the Inter-American Commission” or “the IACHR”) received a petition submitted by Rodolfo Asencios
Martel, Federico Díaz Aparicio, and the Asociación Pro Derechos Humanos (APRODEH) (hereinafter also
“the petitioners”)1 as representatives of Teresa Díaz Aparicio (hereinafter also “the alleged victim”),
alleging violation by the Republic of Peru (hereinafter also “Peru,” “the State,” or “the Peruvian State”) of
rights enshrined in the American Convention on Human Rights (hereinafter also “the American
Convention” or “the Convention”). The petitioners stated that on August 19, 1992 Teresa Díaz Aparicio, a
professor with the School of Social Sciences at the San Marcos National University, was arrested by
members of the security forces and since that time her whereabouts have been unknown. The petitioners
indicated that this happened in a context of forced disappearances of several people investigated by the
National Anti-Terrorism Directorate of the National Police of Peru, particularly individuals with ties to
national universities. They added that prior to her disappearance, in August 1993, Mrs. Díaz Aparicio had
been arbitrarily arrested by the Anti-Terrorism Directorate, whose members had also conducted an illegal
search of her residence.
2.
The State asserted that it was not until 2003 that the brother of the alleged victim, Mr.
Federico Díaz Aparicio, filed complaints with the Public Prosecutor’s Office and the Truth and
Reconciliation Commission regarding the alleged forced disappearance of Mrs. Teresa Díaz. It
maintained that neither the petitioners nor the IACHR have promoted the processing of the petition in
recent years and that it should thus be archived in accordance with Article 42(1) of the Convention.
Finally, the State indicated that the matter has been under investigation by the Public Prosecutor’s Office
since March 2003 and that given the lack of evidence that could be used to determine those potentially
responsible for the alleged disappearance of Mrs. Díaz Aparicio, the Prosecutor in charge of the
investigation ordered provisional archiving of the case in a resolution dated February 13, 2009.
3.
After examining the positions of the parties in the light of the admissibility requirements
provided in Articles 46 and 47 of the Convention, the Commission concluded that it is competent to hear
the claims submitted with respect to the rights enshrined in Articles 3, 4, 5, 7, 8, and 25 of the American
Convention, as they relate to Articles 1(1) and 2 of the same instrument, as well as Articles I and III of the
Inter-American Convention on the Forced Disappearance of Persons. In addition, the Commission
decided to notify the parties of this Admissibility Report, publish it, and include it in its Annual Report to
the OAS General Assembly.
II.
PROCESSING BY THE COMMISSION
4.
The initial petition was received on August 28, 1992 and recorded under number 11.054.
On September 2, 1992 the petition was forwarded to the State with the request that it submit a response
within 90 days, in accordance with the IACHR Rules of Procedure then in effect.
5.
On February 10, 1993 the State submitted its response, which was forwarded to the
petitioners on February 25 of the same year. The State submitted additional briefs on October 18, 1993,
1
The Asociación Pro Derechos Humanos was established as a co-petitioner through a power of attorney signed by Mr.
Federico Díaz Aparicio on June 27, 2011. That power of attorney was submitted to the IACHR as an annex to the petitioners’
communication received on July 27, 2011.