2
admissibility and merits No. 76/05, which made specific recommendations to the State.2 On
February 13, 2006, the Commission decided to submit the case to the jurisdiction of the
Court “because it considered that the State had not adopted the recommendations made in
the said report satisfactorily.”3
2.
The application refers to the alleged “kidnapping, [...] torture and [...] extrajudicial
execution of Saúl Isaac Cantoral-Huamaní and Consuelo Trinidad García-Santa Cruz [...] on
February 13, 1989, in Lima, Peru, and to the total impunity of these facts.” The Commission
indicated “the importance of submitting this case to the Court, because more than 17 years
have elapsed and the next of kin of the [alleged] victims have been unable to discover the
truth about the violations of the rights of the [alleged] victims, and those responsible have
not been punished.” In addition, the Commission considered that this is “an opportunity for
the Court to rule on the activities of the ‘Rodrigo Franco Commando,’ which was composed
of State agents and which was responsible for grave human rights violations during the
period 1985-1990.” The Commission also stated that “since the [alleged] victims were
prominent trade union leaders and miners, this case deals with the problem of the State’s
repressive activities against trade union leaders to discourage social protest in Peru and, in
general, with the effects on freedom of association.”
3.
The Commission asked the Court to conclude and declare that the State was
responsible for “the violation of the rights to personal liberty, to humane treatment, to life,
to judicial guarantees, to judicial protection, and to freedom of association embodied in
Articles 7, 5, 4, 8, 25 and 16 of the American Convention on Human Rights in relation to
Article 1(1) thereof, as of February 13, 1989, and Articles 1, 6 and 8 of the Inter-American
Convention to Prevent and Punish Torture, as of March 28, 1991, to the detriment of Saúl
Isaac Cantoral Huamaní, Consuelo Trinidad García Santa Cruz, and their next of kin.” In
consequence, the Commission asked the Court to order the State to take specific measures
of reparation.
4.
On May 17, 2006, in keeping with Article 23 of the Rules of Procedure, the
representatives of the alleged victims and their next of kin, the Asociación Pro Derechos
Humanos (APRODEH) (hereinafter “the representatives”), presented their brief with
requests, arguments and evidence (hereinafter “requests and arguments brief”). Based on
the facts mentioned by the Commission in its application, the representatives asked the
Court to declare that the State “was responsible for the violation of Articles 7 (Right to
Personal Liberty), 5 (Right to Humane Treatment), 4 (Right to Life), 8 (Right to a Fair Trial),
25 (Judicial Protection) and 16 (Freedom of Association) of the American Convention on
Human Rights to the detriment of Saúl Isaac Cantoral-Huamaní and Consuelo Trinidad
García-Santa Cruz.” They also asked the Court to declare that the State “had violated
[Articles] 5 and 25 of the American Convention on Human Rights in relation to Article 1(1)
thereof to the detriment of the next of kin of Saúl Isaac Cantoral-Huamaní and Consuelo
Trinidad García-Santa Cruz.” In addition, they requested specific measures of reparation
and reimbursement of the costs and expenses incurred in processing the case at the
national level and in the international proceedings.
2
In the Report on merits, the Commission concluded that the State was responsible for violating the rights
to life (Article 4), humane treatment (Article 5), personal liberty (Article 7), a fair trial (Article 8), judicial
protection (Article 25) and freedom of association (Article 16) of the American Convention, in relation to Article
1(1) thereof.
3
The Inter-American Commission on Human Rights appointed as its delegates: President, Clare Kamau
Roberts, Executive Secretary, Santiago A. Canton, and as its legal advisers, Ariel E. Dulitzky, María Claudia Pulido,
Víctor Madrigal Borloz and Manuela Cuvi Rodríguez. As of April 18, 2006, the Commission’s delegates were Paolo
Carozza, Commissioner, and Santiago A. Canton, Executive Secretary.
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