39
seeking his release or information on his situation. The victim’s siblings, his mother, and his partner also
filed complaints with the judicial authorities and gave statements to the criminal proceedings. It is also
important to note that when Jeremías Osorio was forcibly disappeared by members of the Peruvian Army
in early 1991, his earnings were the main source of subsistence for his companion, his mother, and his
191
children, who at that time were all of minor age.
158.
Since the Court has said that in certain cases the continued denial of the truth about the
fate of a disappeared person constitutes a form of cruel and inhuman treatment for close family
192
members,
the Commission concludes that in the case at hand there was a violation of the right to
humane treatment of the following members of Jeremías Osorio Rivera’s family: Juana Rivera Lozano
(mother); Alejandrina, Elena, Porfirio, Adelaida, Silvia, Mario, and Efraín Osorio Rivera (siblings); Santa
Fe Gaytán Calderón (partner); and Edith Laritza, Neyda Rocío, Vanesa, and Jeremías Osorio Gaytán
(children).
159.
Finally, the IACHR would like to stress that this case involves the forced disappearance
of a villager from Cajatambo, in the north of Lima department, who had previously been harassed by
members of Shining Path. According to the CVR’S conclusions, the scourge of political violence
unleashed by the insurgent groups and spread by the security forces had a particular impact on people
who, like Mr. Jeremías Osorio Rivera and his family, were residents of rural areas, far away from the
centers of political and economic power, which have historically reported the highest levels of poverty in
193
the country. Thus, the suffering endured by the victims in this case is representative of the perverse
relationship that existed between social exclusion, discrimination toward the most marginalized segments
of the Peruvian population, and their higher probabilities of encountering the excesses of the irregular
armed groups and the abuses of the security forces.
VI.
CONCLUSIONS
160.
In this report the Inter-American Commission has evaluated all the elements available in
the case file in light of the human rights provisions of the inter-American system and other applicable
instruments, jurisprudence, and doctrine, in order to decide on the merits of the matter brought before it.
The IACHR reiterates its conclusion that the Peruvian State is responsible for violations of the rights
enshrined in Articles 3, 4, 5.1, 5.2, 7, 8.1, and 25.1 of the American Convention, in conjunction with
Articles 1.1 and 2 thereof. It also repeats that the State is responsible for violating Articles I and III of the
IACFDP, all with respect to Jeremías Osorio Rivera. With reference to the relatives of the victim identified
in paragraph 156 supra, the IACHR ratifies its conclusion that the State is responsible for the violation of
Articles 5.1, 8.1, and 25 of the American Convention, in conjunction with Articles 1.1 and 2 thereof.
VII.
RECOMMENDATIONS
161.
Based on the analysis and conclusions of this report, the Inter-American Commission on
Human Rights recommends that the Peruvian State:
1.
Conduct a complete, impartial, and effective investigation into the whereabouts of
Jeremías Osorio Rivera and, should it be discovered that the victim is not alive, take the steps necessary
for his remains to be returned to his family.
191
Annex 24: Testimony of Porfirio Osorio Rivera to the CVR, Testimony No. 100072, section V, “Aftermath.” Annex 28:
Testimony of Juana Rivera Lozano to the CVR, Testimony No. 101262, section titled “Aftermath.”
192
I/A Court H. R., Case of Trujillo Oroza v. Bolivia, Reparations and Costs, Judgment of February 27, 2002, Series C No.
92, para. 114; Case of La Cantuta v. Peru, Merits, Reparations, and Costs, Judgment of November 29, 2006, Series C No. 162,
para. 125; and Case of Anzualdo Castro v. Peru, Judgment of September 22, 2009, Series C No. 202, para. 113.
193
Annex 3: Final Report of the CVR, 2003, Vol. I, Chapter 3, Faces and Profiles of the Violence, p. 155, containing the
conclusion that “the armed violence did not uniformly affect all the country’s geographical regions or different social strata. It was
concentrated in […] those areas and groups that were less integrated into the centers of economic and political power within
Peruvian society.” Available at www.cverdad.org.pe/ifinal/index.php.