that the State alleges that there was no violation whatsoever, it has recognized that the
petitioner was detained as a person allegedly linked to Sendero Luminoso, in application of
Decree Law No. 25475 on terrorism, and has not denied that he had been detained at the
Headquarters of the Yanac Anti-Subversive Batallion for a period of 31 days, that he was
initially held incommunicado, that the petitioner complained of having been illegally detained
and psychologically tortured and had on several occasions requested that the acts denounced
should be investigated, but that the State had failed to investigate the complaints or punish
those found to be responsible. The Commission is of the view that the acts described deserve a
more precise and comprehensive review of the petition in the substantive stage.
54. The Commission considers that the acts, should they be proven, constitute violations of the
rights guaranteed in Articles 5, 7, 9, 8 and 25 of the American Convention, in relation to
Articles 1 and 223, with respect to Mr. Luis Antonio Galindo Cárdenas. The Commission
therefore considers that the petitioners have met prima facie the conditions set out in Article
47(b) of the American Convention.
V.
CONCLUSIONS
55. The Inter-American Commission concludes that it is competent to hear the substance of
this case and that the petition is admissible, in conformity with Articles 46 and 47 of the
American Convention. Based on the arguments of fact and of law put forward above, and
without prejudice to the substance of the question,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare admissible the petition presented by Mr. Luis Antonio Galindo Cárdenas
concerning alleged violations of Articles 5, 7, 9, 8 and 25 of the American Convention on
Human Rights, in relation to Articles 1 and 2, by the Peruvian State.
2. To notify the parties of this decision.
3. To make available to the parties the documents and evidence contained in the file, which
are at their disposal in the Secretariat of the Commission.
4. To continue with the analysis of the substance of the question.
5. To place itself at the disposal of the parties with a view to achieving a friendly settlement
based on respect for the rights enshrined in the American Convention on Human Rights and to
invite the parties to decide on this possibility.
6. To publish this decision and to include it in its annual report to the General Assembly of
OAS.
Done and signed at the headquarters of the Inter-American Commission on Human Rights, in
the city of Washington, D.C., on the 27 th day of February, in the year 2004. (Signed): José
Zalaquett, President; Clare K. Roberts, First Vice-President; Commissioners Evelio Fernández
Arévalos, Paulo Sergio Pinheiro, Freddy Gutiérrez and Florentín Meléndez.
23 While the norm laid down in Article 2 of the American Convention was not invoked by the petitioner, the InterAmerican Commission deems it relevant in application of the principle iura novit curia.
10