REPORT No. 77/16 CASE 12.602 REPORT ON THE MERITS WALTER MUNÁRRIZ ESCOBAR PERÚ1 DECEMBER 10,2016 I. SUMMARY 1. On June 28, 2005, the Inter-American Commission on Human Rights (hereinafter "the Commission," "the Inter-American Commission" or the "IACHR") received a petition from the Human Rights Committee (Comisión de Derechos Humanos) COMISEDH (hereinafter "the petitioners") alleging the responsibility of the Republic of Peru (hereinafter "the State," "the Peruvian State" or "Peru") for the forced disappearance on March 20, 1999 of Walter Munárriz Escobar. 2. The petitioners alleged that Walter Munárriz Escobar disappeared on March 20, 1999, after having been detained at the Lircay police station. They report that more than 17 years later, the Peruvian State has still not concluded investigations to establish the fate or the whereabouts of the victim or the persons responsible for his disappearance. 3. The State, in turn, asserted that the detention of Walter Munárriz was not arbitrary and that he was only in the Lircay police station for a short time, and left on that same day because no formal charges were brought against him. It maintained that two witnesses saw him walking along the streets in the neighborhood of the police station, with visible signs of intoxication. The State further maintained that the investigation and criminal proceedings initiated on the disappearance of Walter Munárriz Escobar proceeded appropriately, and that the defendants were acquitted on the grounds of insufficient evidence. 4. After analyzing the position of the parties and the evidence contained in the file, the Inter-American Commission concluded that the Peruvian State is responsible for violation of the rights to recognition of juridical personality, to life, to humane treatment, to personal liberty, to a fair trial, and to judicial protection, enshrined in Articles 3, 4.1, 5.1, 5.2, 7.1, 7.2, 7.3, 7.4, 7.5, 8.1, and 25.1 of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention), considered in conjunction with the obligations established in Articles 1.1 and 2 of that instrument, for the forced disappearance of Walter Munárriz Escobar. In addition, the Commission concluded that the State violated the rights to humane treatment, fair trial and judicial protection established in Articles 5.1, 8.1, and 25.1 of the American Convention, considered in conjunction with the obligations established in Article 1.1 and 2 of that instrument, to the detriment of the next-of-kin of Walter Munárriz Escobar. Finally, the Commission concluded that the Peruvian State is responsible for violation of the obligations established in Articles 1.a, 1.b 8, and III of the Inter-American Convention on Forced Disappearance of Persons (hereinafter the “CIDFP) and of Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture (hereinafter “CIPST”). Consequently, the Commission set forth the following recommendations. II. PROCEEDINGS BEFORE THE COMMISSION 5. On June 28, 2005, the Commission received the petition presented by COMISEDH, the processing of which prior to the decision on admissibility is explained in detail in Admissibility Report No. 10/07.2 In that report, the IACHR declared the petition admissible and indicated that the alleged facts could characterize a violation of the rights established in Articles 3, 4, 5, 7, 8, and 25 of the American Convention, considered in relation to the obligations established in Articles 1.1 and 2 of that instrument. It further declared the petition 1 According to Article 17(2) of the Rules of Procedure, Commissioner Francisco José Eguiguren Praeli, a Peruvian national, did not participate in the discussion and approval of this report. 2 IACHR, Report No.10/07, Case 12602, Admissibility, Walter Munárriz Escobar, February 28, 2007, paras. 5 to 10. http://www.cidh.oas.org/annualrep/2007sp/Peru735.05sp.htm 1

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