Inter-American Court of Human Rights

Case of Cantoral-Benavides v. Peru

Judgment of August 18, 2000

In the Cantoral-Benavides Case,
the Inter-American Court of Human Rights (hereinafter “the Court” or “the InterAmerican Court” or “the Tribunal), composed of the following judges:
Antônio A. Cançado Trindade, President
Máximo Pacheco-Gómez, Vice President
Hernán Salgado-Pesantes, Judge
Oliver Jackman, Judge
Alirio Abreu-Burelli, Judge
Sergio García-Ramírez, Judge
Carlos Vicente de-Roux-Rengifo, Judge, and
Fernando Vidal-Ramírez, Judge ad hoc
also present:
Manuel E. Ventura-Robles, Secretary, and
Renzo Pomi, Deputy Secretary
pursuant to Articles 29 and 55 of its Rules of Procedure (hereinafter “the Rules of
Procedure”), renders the following judgment on the present case.
The Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”), in filing the application, invoked
Articles 50 and 51 of the American Convention on Human Rights (hereinafter “the
American Convention” or “the Convention”) and Article 26 et seq. of the Rules of
Procedure then in force.1 In filing said application, the Commission asked the Court
to decide whether the State of Peru (hereinafter “the State” or “Peru”) had violated
the following Articles of the Convention: 1(1) (Obligation to Respect Rights), 2.
(Domestic Legal Effects), 7(1) to 7(6) (Right to Personal Liberty), 5 (Right to
Humane Treatment), 8(1), 8(2), 8(2)d), 8(2)f), 8.2.g), 8(3) and 8(4) (Right to a Fair
Trial) and 25 (Right to Judicial Protection), and Articles 2 and 8 of the Inter-American
Convention to Prevent and Punish Torture (hereinafter “Inter-American Convention

Rules of Procedure approved by the Court at its Twenty-third Regular Session, held January 9 18, 1991; amended on January 25, 1993; July 16, 1993; and December 2, 1995.

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