30
[The] procedures which should be employed [by the State] in the case of an unexplained death in
custody exist to provide assurance that it does not remain unexplained […] [Therefore, the] illegal
apprehension and detention of [the victim], his unexplained death in custody, and the failure of the
Government to undertake adequate measures to address the grave allegations raised in relation to his
death, lead the Commission to conclude that the right to life of [the victim] was violated as a result of
the failure of the Government to fulfill its duty to respect and guarantee the right to life […] recognized in
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Article 4, of the American Convention.
132.
Before examining the specific facts of the case, the Commission recognizes that
Operation Chavín de Huántar had the legitimate objective of protecting the lives of the hostages, who had
spent over four months inside the residence of the Ambassador of Japan under the control of fourteen
members of the MRTA insurgent group. The IACHR is well aware that the kidnapping of diplomats and
civilians violates the basic principles of International Humanitarian Law and it is likewise cognizant that
the individuals in the MRTA’s power were at constant risk of their lives and personal integrity. In this
regard, the Commission has determined in its Report on Terrorism and Human Rights that States have
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the obligation to protect and guarantee the security of their populations against terrorist actions.
133.
Without detriment to the foregoing, the Commission deems it important to recall that when
adopting security measures, States must comply with their international obligations, including
International Human Rights Law. As the Commission has pointed out, “unqualified respect for human
rights must be a fundamental part of any anti-subversive strategies, when such strategies have to be
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implemented,” and this entails respect for the full scope of human rights. The IACHR underscores that
the power of the State is not unlimited, nor may it resort to any means to achieve its ends “regardless of
the seriousness of certain actions and the culpability of the perpetrators of certain crimes.”159
134.
The IACHR points out that under International Human Rights Law, certain obligations,
including the prohibition on the arbitrary deprivation of life, are not derogable even in situations of extreme
insecurity such as those caused by terrorism. Finally, the IAHCR stresses that procurement of security
measures and protection of the rights of persons are not mutually exclusive. To the contrary, the strict
observance of those rights reinforces human dignity and other principles inherent to the rule of law, which
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illegal behaviors such as terrorism seek to destroy.
135.
In the following paragraphs, the Commission will examine whether, in the instant case,
the state agents acted in accordance with the principles of international human rights law when they used
lethal force against MRTA members during the anti-terrorist operation.
136.
The IACHR observes in relation to the instant case, that while Eduardo Nicolás Cruz
Sánchez, Herma Luz Meléndez Cueva and Víctor Salomón Peceros all died in the context of Operation
Chavín de Huántar, their deaths occurred in different circumstances. It will therefore examine them
separately.
With respect to Eduardo Nicolás Cruz Sánchez, alias “Tito”
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IACHR, Report No. 10/95, Case 10.580, Manuel Stalin Bolaños Quiñónez (Ecuador). Report on Admissibility and the
Merits. 1995, paras. 34 and 37.
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IACHR, Report on Terrorism and Human Rights, OEA/Ser.L/V/ll.116, Doc. 5 rev. 1 corr., October 22, 2002, para. 33.
See also IACHR, Ten Years of Activities 1971-1981 (General Secretariat, OAS, 1982).
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IACHR, Report on Terrorism and Human Rights, OEA/Ser.L/V/ll.116, Doc. 5 rev. 1 corr., October 22, 2002, para. 122.
See also IACHR, Annual Report of the IACHR 1990-91, Chapter V, Part II, p. 512. The member States of the OAS have explicitly
recognized unqualified respect for the rule of law and fundamental human rights as a necessary requirement in efforts to fight
terrorism. See for example, Resolution AG/RES.1043 (XX-0/90), of the OAS General Assembly, twentieth regular session of the
General Assembly of the OAS, 1990; Inter-American Convention against Terrorism, Preamble, Article 15.
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Case of Neira Alegría, para. 7.7
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International Commission of Jurists. Assessing Damage, Urging Action: Report of the Eminent Jurists Panel on
Terrorism, Counter-Terrorism and Human Rights, p. 21, (2009), available at www.icj.org/dwn/database/EJP-Report.pdf.