REPORT No. 3/12 PETITION 12.224 ADMISSIBILITY SANTIAGO ANTEZANA CUETO ET. AL. PERU January 27, 2012 I. SUMMARY- 1. On November 12, 1998, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission,” “the Commission” or “the IACHR”) received a petition lodged by the National Committee of Family Members of Detainees, Disappeared Persons, and Refugees – CONFADER-Peru and by the Human Rights Commission – COMISEDH (hereinafter also “the 1 petitioners”) on behalf of Santiago Antezana Cueto (hereinafter also “the alleged victim”), alleging violation by the Republic of Peru (hereinafter also “Peru”, “the State” or “the Peruvian State”) of rights established in Articles 1, 4, 5, 7, 8 and 25 of the American Convention on Human Rights (hereinafter also “the American Convention” or “the Convention”). The petitioners asserted that Santiago Antezana was detained by soldiers on May 7, 1984 in the district of Anta, province of Acobamba, department of Huancavelica. They stated that he was taken to a Counter-Insurgency Base in the area, where he was allegedly tortured, and that no information had been available as to his whereabouts since May 14, 1984. They pointed out that, even though 27 years had elapsed since the disappearance of Santiago Antezana and despite complaints filed by family members with both the Ministerio Público (Public Prosecutor’s Office) and the Judiciary, criminal investigations were still at the preliminary stage. 2. In its initial communications, the State argued that the petition should be declared inadmissible by virtue of Article 46(1)(b) of the American Convention. Subsequently, it maintained that the complaint lodged with the IACHR had not been moved forward by the petitioners for several years and should therefore be archived pursuant to Article 48(1)(b) of the Convention. In writs submitted since May 2011, Peru has provided general information regarding activities carried out by the Office of the Attorney General relating to the exhumation and identification of human remains and investigation of cases of forced disappearance. However, it has not presented specific observations regarding the criminal investigation currently under way into the alleged forced disappearance of Santiago Antezana Cueto. 3. After examining the position of the parties in light of the admissibility requirements set forth in Articles 46 and 47 of the Convention, the Commission concluded that it is competent to hear the complaints regarding Articles 3, 4, 5, 7, 8, and 25 of the American Convention, in conjunction with the general obligations set forth in Articles 1(1) and 2 of the same instrument; Articles I and III of the InterAmerican Convention on Forced Disappearance of Persons; and Articles 1, 6, and 8 of the InterAmerican Convention to Prevent and Punish Torture. 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 November 12, 1998 and registered under number 12.224. On November 3, 1999, it was forwarded to the State, with a request that it submit a reply within 90 days, pursuant to the Rules of Procedure of the IACHR in effect at the time. 5. On March 14, 2000, the State presented its reply, which was forwarded to the petitioners on March 28 of the same year. The petitioners submitted its reply on April 26 and May 5, 2000. On December 6, 2004, the Commission requested updated information to the petitioners and the State. The petitioners presented the information requested on February 7, 2005 and, the State submitted the information on May 4, 2005. Thereafter, the petition remained in process before the Commission. 1 COMISEDH established itself as co-petitioner through a communication received by the IACHR on April 26, 2000.