2
State”, “the Peruvian State” or “Peru”), originating from petition No. 11,768,
received by the Secretariat of the Commission on June 4, 1997.
2.
The Commission filed the application based on Article 61 of the American
Convention for the Court to decide whether Peru had violated Article 4 (Right to Life)
of the American Convention, in relation to Article 1(1) (Obligation to Respect Rights)
thereof, to the detriment of Pedro Crisólogo Huilca Tecse2 (hereinafter “Pedro Huilca
Tecse” or “the alleged victim”), as well as Articles 8 (Right to a Fair Trial) and 25
(Judicial Protection) of the Convention, in relation to Article 1(1) thereof, to the
detriment of Martha Flores Gutiérrez, the alleged victim’s companion, and of his
children, Pedro Humberto Huilca Gutiérrez, Flor de María Huilca Gutiérrez, Katiuska
Tatiana Huilca Gutiérrez, José Carlos Huilca Flores and Indira Isabel Huilca Flores,
and also of Julio César Escobar Flores,3 the alleged victim’s stepson and the son of
Martha Flores Gutiérrez. Lastly, as a result of the foregoing, the Commission
requested the Court to order the State to adopt a series of measures of pecuniary
and non-pecuniary reparation and to pay the costs and expenses arising from the
processing of the case in the domestic jurisdiction and before the inter-American
system for the protection of human rights.
3.
This application refers to the alleged extrajudicial execution of a Peruvian
trade union leader, Pedro Huilca Tecse, on December 18, 1992. At the time of the
facts, the alleged victim was the General Secretary of the Confederación General de
Trabajadores del Peru [Peruvian Workers Confederation] (hereinafter “CGTP”). The
Commission stated that this execution was carried out allegedly by members of the
“Colina Group, a death squadron linked to the Peruvian Army’s Intelligence Service.”
The application also referred to the alleged lack of a complete, impartial and effective
investigation into the facts.
II
JURISDICTION
4.
The Court has jurisdiction to hear the instant case in the terms of Articles 62
and 63(1) of the American Convention, because Peru has been a State Party to the
Convention since July 28, 1978, and accepted the contentious jurisdiction of the
Court on January 21, 1981.
III
PROCEEDING BEFORE THE COMMISSION
5.
On June 4, 1997, the Inter-American Commission received a petition
submitted by Martha Flores Gutiérrez and Aurelio Pastor Valdivieso (hereinafter “the
petitioners”) against Peru, for the alleged execution of Pedro Huilca Tecse by a group
of persons allegedly attached to the Army, and also for the subsequent lack of an
2
In the file of the instant case, the names Pedro Crisólogo Huilca Tecse and Pedro Huilca Tecse
appear interchangeably; the latter name will be understood to be the correct one.
3
In the file of the instant case, the names Julio César Flores Escobar and Julio César Escobar
Flores appear interchangeably. In accordance with the birth certificate forwarded by the Inter-American
Commission with the appendixes to the application, the latter name will be considered the correct one.
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