12
PERSONAL LIBERTY) IN RELATION TO
OF THE
ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS)
AMERICAN CONVENTION
50.
Taking into consideration the acknowledgement of the facts made by the State, the
statements of the parties, and the evidence submitted, the Court will proceed to establish
the facts that it understands have been proved by the body of evidence in this case,
together with the corresponding juridical consequences. In this regard, the Court notes the
State’s observations regarding the context in which the facts of this case occurred, to the
effect that Peru “recognizes the importance of the facts that are elucidated in these
international proceedings and their impact on the recent history of the Republic, because
they constitute one more painful chapter in the 20-year period of political violence that
affected the country, leaving a tragic residue of deaths, and disappeared and displaced
persons, at an immense financial cost.”
i) Concerning the facts relating to the alleged violations considered in this section
The activities of Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz in the mining
sector.
51.
Saúl Isaac Cantoral-Huamaní lived in Nazca with his wife and children at the time of
the facts. As of 1987, he was the Secretary General of the National Federation of Mining,
Iron and Steel Workers of Peru (FNTMMSP). In this context, he led the first mining strike,
from July 17 to August 17, 1988, for recognition of the national miners’ list of demands
(Pliego Nacional Minero), and a second national strike from October 17 to December 17,
1988.
52.
Consuelo Trinidad García-Santa Cruz lived with her parents and her family in Comas.
She was a literacy teacher and specialized in textiles. In 1984, with other women, she
founded the “Filomena Tomaira-Pacsi Services for Mining Women” Women’s Center, an
association devoted to providing training and advisory services to the miners’ wives
committees in the country’s mining camps, and to taking care of the needs of the mining
families. It was while she was involved in these activities that she met Saúl CantoralHuamaní.
The situation of the mining sector at the end of the 1980s
53.
According to the Final Report of the Truth and Reconciliation Commission
(hereinafter “the CVR”), from 1980 to 2000, Peru experienced a situation of internal armed
conflict. In particular, in 1988 and 1989, a series of murders and extrajudicial executions
were committed by State agents, Self-Defense Committees (CADs), paramilitary groups,
and organizations such as the Tupac Amaru Revolutionary Movement (MRTA) and the
Peruvian Communist Party-Sendero Luminoso (PCP-SL).17
54.
In its section on “the participants in the conflict,” the Final Report of the CVR
contains a chapter on “social organizations,” which includes a section entitled “trade unions,
2.
No one shall be deprived of his physical liberty except for the reasons and under the conditions established
beforehand by the constitution of the State Party concerned or by a law established pursuant thereto.
3.
No one shall be subject to arbitrary arrest or imprisonment.
17
Cf. Final Report of the Truth and Reconciliation Commission, supra para. 48, Volume IX, Appendix 3:
Statistical compendium, Table 1, p. 280. The CVR recorded a total of 676 cases of murders and extrajudicial
executions in 1988, of which it attributed 490 to the PCP-Sendero Luminoso, 143 to State agents, CADs and
paramilitary groups, 7 to MRTA, and 36 to unidentified groups. In 1989, it recorded 1,206 cases of murders and
extrajudicial executions, of which it attributed 847 to PCP-Sendero Luminoso, 236 to State agents, and paramilitary
groups, 29 to MRTA, and 94 to unidentified groups and others.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents