2 FACTS SET FORTH IN THE APPLICATION 2. The Court summarizes the facts in the instant case, as set out in the application, as follows: a) The Commission brought a case against the State of Peru for the unlawful deprivation of personal freedom and subsequent forced disappearance of Messrs. Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera; b) According to the application, police with the Dirección contra el Terrorismo (Counter-Terrorism Police, hereinafter “DIRCOTE”) detained Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera on February 14 and 25, 1986, respectively, on suspicion of terrorism. After a police investigation, they were turned over to Lima’s Thirty-ninth Examining Court, which instituted the corresponding criminal proceedings. By order of the court, they were later moved to the San Juan Bautista Social Rehabilitation Center CRAS- on the prison island of El Frontón (hereinafter “El Frontón”), where they were incarcerated. At the time of their arrest, Mrs. Virginia Ugarte Rivera, mother of Nolberto and sister of Gabriel Pablo, petitioned Lima’s Forty-sixth Examining Court for writs of habeas corpus, one for her son and the other for her brother. However, the process was interrupted when riots broke out in various Peruvian prisons. Those petitions were filed on February 25 and 26, 1986. On July 17, 1987, Lima’s Sixth Police Court, which was hearing the terrorism cases against Mr. Durand Ugarte and Mr. Ugarte Rivera, found them innocent, ordered that they be released and that the case be closed; c) On June 18, 1986, persons incarcerated for the crime of terrorism at El Frontón and other prisons in the country rioted. On June 19, 1986, an operation assigned to the Peruvian Navy got underway to quash the riot and left scores of inmates either dead or wounded. At the time of the riots, Mr. Durand Ugarte and Mr. Ugarte Rivera were being held at El Frontón. That day, the President of the Republic issued Supreme Decree No. 006-86-JUS, published in El Peruano on June 20, 1986, declaring the prisons to be a “restricted military zone” and placing them formally under the jurisdiction of the Commander of the Armed Forces; d) Mrs. Virginia Ugarte Rivera learned that a number of inmates had survived the events described in the preceding paragraph and were in the Navy’s custody. On June 26, 1986, she filed for a writ of habeas corpus against the Director of Prisons and the Warden at El Frontón, on behalf of Mr. Durand Ugarte and Mr. Ugarte Rivera. That same day, the corresponding order was issued to institute proceedings. On June 27, 1986, the First Examining Court of Callao dismissed the petition of habeas corpus. On July 15, 1986, the First Police Court of Callao upheld the June 27 decision of the First Examining Court of Callao. On August 13, 1986 the First Criminal Law Chamber of the Supreme Court ruled against nullification of the July 15 ruling. The Tribunal of Constitutional Guarantees heard a remedy of cassation brought by Mrs. Virginia Ugarte Rivera challenging the decision delivered by the First Criminal Law Chamber, and on October 28, 1986, ruled that “the decision in question [stood] firm and that claimant still had the right to bring an action once again”; and

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