in the downtown district of the city she was detained by members of the Peruvian Army
because she was not carrying her identity papers, and since then she has been registered as
a missing person.153
152.
The National Superior Criminal Prosecution Service formally filed the criminal proceedings
against both persons and the First Criminal Court of Junín ordered a preliminary writ of inquiry, as well as an
instruction for restricted attendance, declaring that the process was complex both because of the diversity of
the agents and victims involved and because of the high number of proceedings that needed to be filed. In
that respect, on the basis of Ruling 96-2013-1FSPN-MP-FN, the Prosecution Service requested the National
Criminal Chamber to extend the time-limits by 60 days so that the Criminal Judge could proceed to conduct
more proceedings. As for the case of Cory Clodolia Tenicela Tello, it was requested that statements be taken
from the witnesses Ms. Amadea Felipa Tello Barrera, who is Cory’s mother, and Norma Juana Tenicela Tello,
who is Cory’s sister.154 By means of the court ruling of September 5, 2013, the National Criminal Court
ordered a 60-day extension for the preliminary inquiry so that the proceedings indicated in Ruling 96-20131FSPN-MP-FN could be filed and ordered referral of the case to the First National Criminal Court.155 The
Commission does not have information about the proceedings that might have been filed to fulfill the request
in the above-mentioned report.
VI.
LEGAL ANALYSIS
C.
Rights to the recognition of juridical personality, personal liberty, humane treatment,
and life (Articles 3, 7, 5, and 4, in relation to Article 1(1) of the American Convention);
and the obligation provided for in Article I(a) of the Inter-American Convention on
Forced Disappearance of Persons
153.
Wilfredo Terrones Silva, Teresa Díaz Aparicio, Santiago Antezana Cueto, Néstor Rojas
Medina, and Cory Clodolia Tenicela Tello disappeared from their daily activities at different moments from
1984 to 1992 in the context of the armed conflict in Peru in which forced disappearance was systematically
used as a means for combating terrorism. Some of these persons were previously detained by authorities of
the State. In addition, several of them are situated precisely within the profile of selective victims of this grave
human rights violation and its modus operandi at the time. In this section the Commission will analyze
whether what happened to these five persons constituted a forced disappearance and, therefore, whether
there was a violation of the rights to recognition of juridical personality, life, humane treatment, and personal
liberty to their detriment, in relation to the State’s obligation to respect rights.
154.
Article 3 of the American Convention provides:
Every person has the right to recognition as a person before the law.
155.
Article 4(1) of the Convention stipulates:
Every person has the right to have his life respected. This right shall be protected by law and,
in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
156.
Article 5 of the Convention establishes:
153 Annex 66. Communication from the state. Note No. 7-5-M/423, December 11, 2013. Ruling 96-2013-1FSPN-MP-FN of the
First Superior Criminal Prosecution Service of September 3, 2013, page 15.
154 Annex 66. Communication from the state. Note No. 7-5-M/423, December 11, 2013. Ruling 96-2013-1FSPN-MP-FN of the
First Superior Criminal Prosecution Service of September 3, 2013, page 30.
155 Annex 67. Communication from the state. Note No. 7-5-M/423, December 11, 2013. Resolution 8 of September 5, 2013
issued by the National Criminal Chamber as part of case file 123-2010-0-JR.