long years the Amnesty Laws were in force, which impeded investigating and prosecuting the persons
responsible for all human rights violations committed during the armed conflict, including forced
disappearances. In addition to those laws and as will be detailed in the next section, many factors have
contributed to impunity for the facts of the instant case; for the purposes of this element of forced
disappearance, one can conclude that in practice they have operated so as to perpetrate the concealment and
uncertainty as regards the fate or whereabouts of Wilfredo Terrones Silva, Teresa Díaz Aparicio, Santiago
Antezana Cueto, Néstor Rojas Medina, and Cory Clodolia Tenicela Tello.
2.2.3
Conclusion about the existence of forced disappearance
188.
In view of all that has been said to this point, the Commission considers that there is
sufficient information to characterize what happened to Wilfredo Terrones Silva, Teresa Díaz Aparicio,
Santiago Antezana Cueto, Néstor Rojas Medina, and Cory Clodolia Tenicela Tello as forced disappearances
perpetrated by state agents, which continue to this date, considering that the fate or whereabouts of the
victims has not been established. Accordingly, the Commission concludes that the Peruvian State violated and
continues to violate, to their detriment, the rights to recognition of juridical personality, life, humane
treatment, and personal liberty enshrined in Articles 3, 4, 5, and 7 of the American Convention, in relation to
the obligations established at Article 1(1) of the same instrument. In addition, the Commission concludes that
the State violated Article I(a) of the Inter-American Convention on Forced Disappearance of Persons.170
170 As regards the Inter-American Convention on Forced Disappearance of Persons, the Commission observes that the State of
Peru deposited its instrument of ratification on February 13, 2002. Therefore, mindful of the characteristics indicated above of the
offense of forced disappearance of persons, the State is responsible for violating the rights established in that Convention as of the date of
ratification of that treaty and with respect to those cases of forced disappearance that persist over time.