REPORT Nº 13/041
PETITION 136/03
ADMISSIBILITY
EDUARDO NICOLAS CRUZ SANCHEZ ET AL.
PERU
February 27, 2004
I.

SUMMARY

1. On February 3, 2003, Juan Miguel Jugo Viera -representing the Asociación Pro Derechos
Humanos [Pro Human Rights Association] (APRODEH)-, Edgar Cruz Acuña–brother of Eduardo
Nicolás Cruz Sánchez- and Herma Luz Cueva Torres–mother of Herma Luz Meléndez Cueva(hereinafter the “petitioners”) filed a petition with the Inter-American Commission on Human
Rights (hereinafter the “Commission,” “Inter-American Commission” or “IACHR”) against the
State of Peru (hereinafter “Peru,” the “State” or the “Peruvian State”). The petition alleges that
Peru violated certain rights recognized in the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”), to the detriment of Eduardo
Nicolás Cruz Sánchez and Herma Luz Meléndez Cueva (hereinafter the “alleged victims”), by
detaining them and then summarily executing them when Peruvian Army troopers stormed
and retook the residence of the Ambassador of Japan in Peru on April 22, 1997, which had
been in the hands of members of the Tupac Amaru Revolutionary Movement (MRTA) since
December 17, 1996.
2. The Peruvian State built its defense against the petitioners’ complaint using a variety of
arguments. On the question of the admissibility requirements, its contention was that the
petition should be considered inadmissible on the grounds that a criminal case was pending in
the domestic criminal courts and, therefore, internal remedies had not yet been exhausted.
3. In this Report the Commission concludes that the petition is admissible in respect of the
alleged violations of the right to life, the right to judicial guarantees and the right to judicial
protection, upheld, respectively, in Articles 4, 8 and 25, of the American Convention, in
relation to Article 1(1), to the detriment of Eduardo Nicolás Cruz Sánchez and Herma Luz
Meléndez Cueva and David Peceros Pedraza.
II. PROCESSING BY THE COMMISSION
4. By note dated February 3, 2003, received at the IACHR on February 19, 2003, Mr. Juan
Miguel Jugo Vera, representing APRODEH, Edgar Cruz Acuña, -brother of Eduardo Nicolás Cruz
Sánchez- and Herma Luz Cueva Torres -mother of Herma Luz Meléndez Cueva- lodged a
petition against the Peruvian State for the detention and execution of Eduardo Nicolás Cruz
Sánchez and Herma Luz Meléndez on April 22, 1997. On March 3, 2003, the Commission sent
a note to the petitioners acknowledging receipt of the petition.
5. On September 9, 2003, the Commission began the initial processing of petition 136/03 and
forwarded the pertinent parts thereof to the State on September 10, 2003, with the request
that it provide information. That same day, it advised the petitioners that the case had been
opened and requested additional information.
6. By a communication of November 10, 2003, the State requested an extension, on the
grounds that it was gathering information from the Attorney General’s Office, the Office of the
Ad Hoc Prosecutor of the Ministry of Justice and the Supreme Council of Military Justice, in
order to give a full response. By note dated November 11, 2003, the Commission acceded to
the request and gave the State a twenty-day extension.

1 In keeping with Article 17(2)(a) of the Commission’s Rules of Procedure, Commission member Susana Villarán, a
Peruvian national, did not participate in the discussion or decision of the present case.

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