2 State”, “the Peruvian State” or “Peru”), originating from petition No. 11,768, received by the Secretariat of the Commission on June 4, 1997. 2. The Commission filed the application based on Article 61 of the American Convention for the Court to decide whether Peru had violated Article 4 (Right to Life) of the American Convention, in relation to Article 1(1) (Obligation to Respect Rights) thereof, to the detriment of Pedro Crisólogo Huilca Tecse2 (hereinafter “Pedro Huilca Tecse” or “the alleged victim”), as well as Articles 8 (Right to a Fair Trial) and 25 (Judicial Protection) of the Convention, in relation to Article 1(1) thereof, to the detriment of Martha Flores Gutiérrez, the alleged victim’s companion, and of his children, Pedro Humberto Huilca Gutiérrez, Flor de María Huilca Gutiérrez, Katiuska Tatiana Huilca Gutiérrez, José Carlos Huilca Flores and Indira Isabel Huilca Flores, and also of Julio César Escobar Flores,3 the alleged victim’s stepson and the son of Martha Flores Gutiérrez. Lastly, as a result of the foregoing, the Commission requested the Court to order the State to adopt a series of measures of pecuniary and non-pecuniary reparation and to pay the costs and expenses arising from the processing of the case in the domestic jurisdiction and before the inter-American system for the protection of human rights. 3. This application refers to the alleged extrajudicial execution of a Peruvian trade union leader, Pedro Huilca Tecse, on December 18, 1992. At the time of the facts, the alleged victim was the General Secretary of the Confederación General de Trabajadores del Peru [Peruvian Workers Confederation] (hereinafter “CGTP”). The Commission stated that this execution was carried out allegedly by members of the “Colina Group, a death squadron linked to the Peruvian Army’s Intelligence Service.” The application also referred to the alleged lack of a complete, impartial and effective investigation into the facts. II JURISDICTION 4. The Court has jurisdiction to hear the instant case in the terms of Articles 62 and 63(1) of the American Convention, because Peru has been a State Party to the Convention since July 28, 1978, and accepted the contentious jurisdiction of the Court on January 21, 1981. III PROCEEDING BEFORE THE COMMISSION 5. On June 4, 1997, the Inter-American Commission received a petition submitted by Martha Flores Gutiérrez and Aurelio Pastor Valdivieso (hereinafter “the petitioners”) against Peru, for the alleged execution of Pedro Huilca Tecse by a group of persons allegedly attached to the Army, and also for the subsequent lack of an 2 In the file of the instant case, the names Pedro Crisólogo Huilca Tecse and Pedro Huilca Tecse appear interchangeably; the latter name will be understood to be the correct one. 3 In the file of the instant case, the names Julio César Flores Escobar and Julio César Escobar Flores appear interchangeably. In accordance with the birth certificate forwarded by the Inter-American Commission with the appendixes to the application, the latter name will be considered the correct one.

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos