23
-
-
-
Copies of the police reports on Jeremías Osorio Rivera: 056-DIRCOTE of November 12, 1989;
047-D3-DIRCOTE of April 4, 1991; and 001-SECOTE-HH of January 1, 1992, where he is
recorded as not present.
Document No. 2057-SGMDC-C/1 from the General Secretariat of the Ministry of Defense,
reporting that the files of the 18th Armored Division contain no information on military
personnel who served at the countersubversive military base in Cajatambo.
Document No. 2361-S-1.a/1-4/02.32.01, sent by the Director General of Army Staff, with the
same contents as the document described in the previous item.
Document No. 298-DIRCOTE PNP-OFINTE-UNIBAS, indicating that Jeremías Osorio Rivera
and other residents of Cochas-Paca have police records for the crime of terrorism.
90.
Following the acquittal ordered by the National Criminal Chamber on December 17,
2008, the injured party filed a remedy for annulment, which was placed before the Temporary Criminal
Chamber of the Supreme Court of Justice. On June 24, 2010, the Supreme Court upheld the remedy and
annulled the judgment of the lower Criminal Chamber, finding that it had not properly assessed the
112
evidence. Because of that decision, oral proceedings have recommenced before the National Criminal
Chamber, with fresh hearings held on November 16 and 23, 2010, on December 7, 13, and 21, 2010, and
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on August 15 and 23, 2011; so far, however, no date has been set for judgment to be given.
V.
ANALYSIS OF LAW
1.
Right to juridical personality, to life, to humane treatment, and to personal liberty:
Articles 3, 4.1, 5.1, 5.2, and 7 of the American Convention, in conjunction with the
obligation of respecting and ensuring rights (Article 1.1 thereof) and the obligation
contained in Article I.a of the IACFDP
91.
The Articles of the American Convention identified in the section title read as follows:
Article 3. Right to Juridical Personality
Every person has the right to recognition as a person before the law.
Article 4. Right to Life
1.
Every person has the right to have his life respected. This right shall be protected by law and,
in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
Article 5. Right to Humane Treatment
1.
2.
Every person has the right to have his physical, mental, and moral integrity respected.
No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment. All persons deprived of their liberty shall be treated with respect for the inherent
dignity of the human person.
Article 7. Right to Personal Liberty
1.
2.
3.
4.
5.
Every person has the right to personal liberty and security.
No one shall be deprived of his physical liberty except for the reasons and under the conditions
established beforehand by the constitution of the State Party concerned or by a law
established pursuant thereto.
No one shall be subject to arbitrary arrest or imprisonment.
Anyone who is detained shall be informed of the reasons for his detention and shall be
promptly notified of the charge or charges against him.
Any person detained shall be brought promptly before a judge or other officer authorized by
law to exercise judicial power and shall be entitled to trial within a reasonable time or to be
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Annex 35: Supreme deed of execution of June 24, 2010, issued by the Permanent Criminal Chamber of the Supreme
Court of the Republic, case file No. 031-06.
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Annex 81: Minutes of the oral proceedings currently underway before the National Criminal Chamber. Annex to the
petitioners’ communication of September 7, 2011, received by the IACHR on that same date.