3
5.
On July 30, 1992 Gisela Ortiz-Perea, Rosario Muñoz-Sánchez, Raida Cóndor, José
Oyague and Bitalia Barrueta de Pablo filed a petition before the Inter-American Commission
on the grounds of the alleged detention occurred on July 18, 1992 and subsequent
disappearance of Hugo Muñoz-Sánchez, Bertila Lozano-Torres, Dora Oyague-Fierro, Luis
Enrique Ortiz-Perea, Armando Richard Amaro-Cóndor, Robert Edgar Teodoro-Espinoza,
Heráclides Pablo-Meza, Felipe Flores-Chipana, Marcelino Rosales-Cárdenas, and Juan Gabriel
Mariños-Figueroa. On August 4, 1992 the Commission ordered the commencement of
criminal proceedings under No. 11,045 and forwarded the complaint to the State.
6.
On February 4, 1993 the human rights organization Asociación Pro Derechos
Humanos (hereinafter “APRODEH”) filed a petition before the Inter-American Commission
for the alleged detention and disappearance of the same persons (supra para. 5).
7.
On October 22, 1993 the organization Centro de Estudios y Acción para la Paz
(Center for the Study and Action for Peace) (hereinafter “CEAPAZ”) appeared before the
Commission as “co-petitioner” and tendered additional information concerning the facts.
8.
On March 11, 1999, at its 102nd Regular Session, the Commission issued the Report
on Admissibility No. 42/99. On the 15th day of the same month and year the Commission
served notice of the above-mentioned Report upon the petitioners and the State.
9.
On February 22, 2001, at its 110th Regular Session, the Commission and the State
issued a joint press release regarding the outcome of a meeting which was attended by the
then Minister of Justice of Perú, Diego García-Sayán, on behalf of the State, and the then
Permanent Representative of Perú before the Organization of American States (hereinafter
“OAS”), Ambassador Manuel Rodríguez-Cuadros. On behalf of the Commission there
appeared its President at the time, Dean Claudio Grossman; its First Vice-President, Dr.
Juan Méndez; its Second Vice-President, Ms. Marta Altolaguirre; Commissioners Robert
Goldman and Peter Laurie, and its Executive Secretary, Dr. Jorge E. Taiana. In
subparagraph b) of the above-mentioned joint press release the instant case was included
among others in which the State would acknowledge its liability and adopt measures to
restore the violated rights and/or repair the damage caused.
10.
On October 24, 2005, at its 123rd Regular Session, the Commission issued Report on
the Merits No. 95/05 pursuant to Article 50 of the Convention, wherein it concluded, inter
alia, that the State had violated the rights enshrined in Articles 3 (Right to Juridical
Personality), 4 (Right to Life), 5 (Right to Humane Treatment), 7 (Right to Personal Liberty),
8 (Right to Judicial Guarantees), and 25 (Right to Judicial Protection) of the American
Convention in relation to Articles 1(1) and 2 thereof. The Commission recommended the
State to adopt a number of measures aimed at repairing the abovementioned violations.
11.
On November 14, 2005 the Commission forwarded the Report on the Merits to the
State, granting it a term of two months to notify the Commission of the measures adopted
in compliance with its recommendations.
12.
On November 28, 2005 the Commission, pursuant to Article 43(3) of its Rules of
Procedure, informed the petitioners of the adoption of the Report on the Merits and of
service thereof upon the State and requested them to submit a brief stating their position
regarding the possible submission of the case to the jurisdiction of the Inter-American
Court. On December 30, 2005, among other considerations, the petitioners stated that “if
the State of Perú failed to compl[y] with the recommendations made thereto by the InterAmerican Commission within the term set to that purpose in the Report [on the Merits]
issued by the Commission [...they]wanted the case [to be] submitted to the contentious
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