REPORT Nº 83/01
CASE 11.581
ZULEMA TARAZONA ARRIATE, NORMA TERESA PÉREZ CHÁVEZ, AND
LUIS ALBERTO BEJARANO LAURA
PERU
October 10, 2001
I.

SUMMARY

1. On January 22, 1996, a petition was filed with the Inter-American Commission on Human
Rights (hereinafter the “Commission,” the “Inter-American Commission,” or the “IACHR”) by
the Asociación Pro Derechos Humanos (APRODEH) and by Mr. Víctor Tarazona Hinostroza and
Mr. Santiago Pérez Vela (hereinafter “the petitioners”) denouncing the Republic of Peru
(hereinafter “Peru,” "the State,” or “the Peruvian State”) for the murders of Mrs. Zulema
Tarazona Arriate and Mrs. Norma Teresa Pérez Chávez and for the personal injuries to Mr. Luis
Alberto Bejarano Laura by members of the Peruvian army from the events of August 9, 1994.
The petitioners allege that through those events the Peruvian State violated the right to life,
the right to humane treatment, the right to a fair trial, and the right to judicial protection
enshrined in Articles 4, 5, 8, and 25 of the American Convention on Human Rights (hereinafter
“the Convention” or “the American Convention”), as well as its obligation to respect the rights
contained in Article 1(1) of the Convention.
2. The Peruvian State argued that the petitioners failed to exhaust domestic remedies.
3. The IACHR, in accordance with the provisions of Articles 46 and 47 of the American
Convention, decides to admit the petition for the alleged violations of Articles 1(1), 4, 5, 8, 25,
and 2 of the American Convention and to begin to examine the merits of the case. The
Commission also decides to notify both parties of this decision and to publish and include it in
its annual report to the OAS General Assembly.
II.

PROCESSING BY THE COMMISSION

4. On February 20, 1996, the Commission transmitted the pertinent parts of the complaint to
the Peruvian State and requested a reply within 90 days, in keeping with the Rules of
Procedure of the Commission in effect at that time. The State replied on July 1, 1996. On
October 1, 1996 the petitioners presented observations to the State’s reply, and on July 18,
1997 they presented additional information. The State presented a written submission on May
21, 1998. On April 26, 1999, the IACHR made itself available to the parties to try to reach a
friendly settlement. The State responded on June 25, 1999 and indicated that was refraining
from responding to the friendly settlement offer until the Commission had ruled on the
admissibility of the case. On September 4, 2000, the petitioners presented additional
information. Both parties presented additional documents on different occasions.
III.

POSITION OF THE PARTIES

A.

The petitioners

5. The petitioners indicate that on August 9, 1994, Mrs. Zulema Tarazona Arriate, Mrs. Norma
Teresa Pérez Chávez, and Mr. Luis Alberto Bejarano Laura were returning to their respective
homes in Chosica aboard a public transportation vehicle on line 165 (Lima-Chosica route).
6. They allege that at approximately 8:30 p.m., the vehicle stopped at km 7.8 of the Central
Highway at the “La Esperanza” stop (Ate-Vitarte district) for one of the passengers to get off.
They say that when the vehicle continued on its way, two soldiers from the Peruvian army
approached it from behind and tried to stop the vehicle. They indicate that the driver was not
aware of the soldiers’ presence and continued on his way.

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