Enforced Disappearance Legal Database

Anzualdo Castro v. Peru

Key Judgment


Legal Relevance

Deprivation of Liberty | Evidence | Judicial Protection | Juridical Personality | Jus Cogens | Systemic Practice

The Court departed from its previous case law in relation to the right to juridical personality, finding that the enforced disappearance of a person is one of the most serious forms of placing a person outside the protection of the law. It noted that this violation entails to deny the disappeared person’s existence and place them in a kind of limbo or uncertain legal situation in violation of the right to juridical personality.

Judgment Date

September 22, 2009

Country

Peru

Judicial Body

Inter-American Court of Human Rights

Articles violated

Article 1(1) [ACHR], Article 2 [ACHR], Article 3 [ACHR], Article 4(1) [ACHR], Article 5(1) [ACHR], Article 5(2) [ACHR], Article 7(1) [ACHR], Article 7(6) [ACHR], Article 8(1) [ACHR], Article 25 [ACHR], Article 1 [IACFDP], Article 1(b) [IACFDP], Article 3 [IACFDP]

Articles not violated / not dealt with

Article 13 [ACHR]

Facts of the Case

Mr. Kenneth Ney Anzualdo Castro, a university student, was abducted during his bus-ride home from his university in 1993 by plainclothes police officers. Mr. Anzualdo Castro was forced into a car and taken to the basement of a clandestine detention centre operated by the National Intelligence Service (SIE), where he is presumed to have been tortured and killed. It was alleged that his remains were disposed of in incinerators present in the basement of the facilities. Mr. Anzualdo Castro was alleged by the authorities to have been involved in a terrorist group and his abduction fit within a pattern of forced disappearances of university students at the time.

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