VII.
CONCLUSIONS
227.
The Commission concludes that the State of Peru is responsible for violating the rights to
juridical personality, life, humane treatment, personal liberty, judicial guarantees, and judicial protection
enshrined in Articles 3, 4(1), 5(1), 5(2), 7(1), 8(1), and 25(1) of the American Convention in relation to
Articles 1(1) and 2 of the same instrument to the detriment of Wilfredo Terrones Silva, Teresa Díaz Aparicio,
Santiago Antezana Cueto, Néstor Rojas Medina, and Cory Clodolia Tenicela Tello. In addition, the Commission
concludes that the State is responsible for violating Articles I and III of the Inter-American Convention on
Forced Disappearance of Persons, to the detriment of the same persons, and also for violating Articles 1, 6,
and 8 of the Inter-American Convention to Prevent and Punish Torture to the detriment of Santiago Antezana
Cueto. With respect to the victims’ family members, the State is responsible for violating Articles 5(1), 8(1),
and 25(1) of the American Convention in relation to Articles 1(1) and 2 of the same international instrument.
VIII.
RECOMMENDATIONS
228.
Based on the analysis and conclusions of this report,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS TO THE STATE OF
PERU,
1.
Investigate thoroughly, impartially, and effectively the whereabouts of Wilfredo Terrones
Silva, Teresa Díaz Aparicio, Santiago Antezana Cueto, Néstor Rojas Medina, and Cory Clodolia Tenicela Tello
and, as necessary, adopt the measures needed to identify and hand over the mortal remains to their family
members, in keeping with their desires.
2.
Conduct the domestic procedures related to the human rights violations found in this report,
and carry out the appropriate procedures for the crime of forced disappearance of Wilfredo Terrones Silva,
Teresa Díaz Aparicio, Néstor Rojas Medina, and Cory Clodolia Tenicela Tello – and for the crimes of torture
and forced disappearance of Santiago Antezana Cueto – impartially, effectively, and within a reasonable time,
for the purpose of clarifying the facts completely, identifying all those responsible, and imposing the
sanctions that are in order.
3.
Make adequate reparation for the violations of human rights found in this report addressing
both the material and moral aspects, including fair compensation, determining and disseminating the
historical truth of the facts, and implementing an adequate program of services for the family members of
Wilfredo Terrones Silva, Teresa Díaz Aparicio, Santiago Antezana Cueto, Néstor Rojas Medina, and Cory
Clodolia Tenicela Tello, in consultation with them and in keeping with their specific needs.
229.
Adopt the necessary measures of non-repetition to prevent similar events from occurring in
the future. In particular, order the measures necessary for strengthening the institutional capacity to
investigate cases of forced disappearance of persons that occurred in the framework of the internal armed
conflict to ensure that they are investigated with due diligence, in a reasonable time, and taking into account
the context in which they took place as well as the criminal patterns and specific modus operandi that
characterized them.
4.
Publicly recognize the violations found in the instant case, and ensure that they are
publicized by appropriate means.
5.
Reform the criminal legislation so as to ensure that forced disappearance of persons is
defined in the criminal code in a manner that is in line with inter-American standards.