REPORT N° 42/07 PETITION 156-05 ADMISSIBILITY LUIS WILLIAMS POLLO RIVERA PERU July 23, 2007 I. SUMMARY 1. On February 28, 2005, the Inter-American Commission on Human Rights (hereinafter “the Commission,” “the Inter-American Commission,” or “the IACHR”) received a petition filed by Carolina Loayza Tamayo (hereinafter “the petitioner”) and by Luis Williams Pollo Rivera, acting on his own behalf, (hereinafter “the alleged victim” and/or “the petitioner”) claiming the international responsibility of the Republic of Peru (hereinafter “Peru,” “the State” or “the Peruvian State”) for the prosecution and subsequent conviction for a ten-year term of Mr. Luis Williams Pollo Rivera, a physician, on charges of having performed medical procedures on behalf of members of a subversive organization. On April 12, 2005, the Board of Directors of the Peruvian Social Security Medical Association was accredited as a co-petitioner in this complaint before the IACHR. 2. The petitioner claims that the Peruvian State is responsible for violating the rights set forth in Articles 5 (humane treatment), 7 (personal liberty), 8 (fair trial), and 9 (principle of legality) of the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”), in conjunction with the violation of the obligations set out in Articles 1(1) (obligation to respect rights) and 2 (domestic legal effects) of such international instrument. Regarding admissibility requirements, the petitioner states that the judgment issued by the Permanent Chamber of the Supreme Court of Justice, notified on February 4, 2005, upholding the conviction of 10 years in prison handed down by the National Chamber for Terrorism Crimes in a judgment of December 22, 2004, exhausted the domestic remedies and that the petition was filed within the six-month deadline. 3. In turn, as of the drafting of this Report, the Peruvian State has refrained from submitting the comments it deems relevant in connection with the petitioners’ complaint. 4. In this report, the Commission concludes that the petition is admissible regarding the alleged violations to humane treatment, personal liberty, fair trial, the principle of legality and the right to judicial protection set forth in Articles 5, 7, 8, 9 and 25 of the American Convention, respectively, and also declares it admissible with respect to Articles 1(1) and 2 of such international instrument, in compliance with the requirements set out in Articles 46 and 47 thereof; it further decides to notify the parties of this decision and to publish this report in its Annual Report. II. PROCESSING BY THE COMMISSION 1. Processing of the petition 5. The petition was filed with the Commission on February 28, 2005, by means of a letter dated February 14 of that year. On March 22, 2005, the Commission forwarded the relevant parts of the complaint to the Peruvian State and gave it a period of two months to submit any comments it deemed pertinent. 6. On March 1, 2005, the IACHR received additional information provided by the petitioner. On April 12, 2005, a communication was received from the Board of Directors of the Peruvian Social Security Medical Association, accrediting the association as co-petitioner in this complaint. 1