2
Commission requested the Court to declare that the State had violated the rights enshrined
in Articles 3 (Right to Juridical Personality), 4 (Right to Life), 5 (Right to Humane
Treatment), 7 (Right to Personal Liberty), 8 (Right to Judicial Guarantees), and 25 (Right to
Judicial Protection) of the American Convention, in relation to Article 1(1) thereof, to the
prejudice of Hugo Muñoz-Sánchez, Bertila Lozano-Torres, Dora Oyague-Fierro, Luis Enrique
Ortiz-Perea, Armando Richard Amaro-Cóndor, Robert Edgar Teodoro-Espinoza, Heráclides
Pablo-Meza, Felipe Flores-Chipana, Marcelino Rosales-Cárdenas, and Juan Gabriel MariñosFigueroa. Furthermore, the Commission requested the Court to declare that the State is
responsible for violating Article 5 (Right to Humane Treatment), Article 8 (Right to Judicial
Guarantees), and Article 25 (Right to Judicial Protection) of the American Convention in
relation to Article 1(1) thereof, to the prejudice of the alleged victims’ next of kin. The
Commission further requested the Court to declare that the State has violated Articles 1(1)
(Obligation to Respect Rights) and 2 (Obligation to Adopt Domestic Measures) of the
Convention, to the prejudice of the alleged victims.
2.
The application is based on the alleged “violation of the human rights of Professor
Hugo Muñoz-Sánchez and of students Bertila Lozano-Torres, Dora Oyague-Fierro, Luis
Enrique Ortiz-Perea, Armando Richard Amaro-Cóndor, Robert Edgar Teodoro-Espinoza,
Heráclides Pablo-Meza, Felipe Flores-Chipana, Marcelino Rosales-Cárdenas, and Juan Gabriel
Mariños-Figueroa [...] as well as of the rights of their next of kin,” on the grounds of the
alleged kidnapping of the alleged victims from the Universidad Nacional de Educación
“Enrique Guzmán y Valle” (Enrique Guzmán y Valle National University), located in La
Cantuta, Lima, in the predawn hours of July 18, 1992, an operation carried out by members
of the Peruvian Army, “who [allegedly] kidnapped the [alleged] victims, some of whom
disappeared and were allegedly summarily executed;” as well as on the alleged impunity
regarding those events as a result of the failure of the State to conduct an effective
investigation into the facts. The Commission alleges that “this case shows the abuses
committed by the Military, as well as the systematic practice of committing violations of
human rights, among them, forced disappearances and extra-legal executions, by State
agents on instructions from military and police higher officers, as the Inter-American
Commission and the Comisión de la Verdad y la Reconciliación del Perú (Truth and
Reconciliation Commission of Perú) have stated since the early '90s.”
3.
Furthermore, the Commission submitted to the consideration of the Court the matter
of the alleged damage caused by the State to the alleged victims’ next of kin and, pursuant
to Article 63(1) of the Convention, requested the Court to order the State to adopt the
reparation measures requested in the application. Lastly, the Commission requested the
Court to order the State to pay the costs and expenses arising from the domestic legal
proceedings and from the proceedings before the Inter-American System of Human Rights.
II
COMPETENCE
4.
The Court has jurisdiction to hear the instant case pursuant to Articles 62(3) and
63(1) of the American Convention, as Perú has been a State Party to the Convention since
July 28, 1978 and accepted the contentious jurisdiction of the Court on January 21, 1981.
III
PROCEEDING BEFORE THE COMMISSION
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents