Terrones Silva et al. v. Peru


Legal Relevance

Keywords: Right to Know the Truth | Duty to Investigate | Duty to Prosecute | Deprivation of Liberty | Judicial Protection | Systemic Practice | Relatives as Victims

Themes: Search | Justice and Truth

The Court confirmed that the security force agents had provided support and acquiescence to the perpetrating paramilitary group in relation to the events in this case. The Court found that the guarantee of reasonable time in the investigations was violated in all cases due to unjustified delays. In addition, the State violated its duty to initiate ex officio investigations. Moreover, the Court found that the State was not diligent in the search for the whereabouts of the disappeared victims since it only made sporadic requests for information to different State institutions rather than a systematic investigation. In addition, the State violated the rights to a fair trial and judicial protection of Mr. Santiago Antezana Cueto as it did not immediately investigate the alleged acts of torture, despite his testimony.

Judgment Date

September 26, 2018

Country

Peru

Judicial Body

Inter-American Court of Human Rights

Articles violated

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

Facts of the Case

Ms. Teresa Díaz Aparicio was last seen on 19 August 1992. She was a lecturer at the Faculty of Social Sciences of the Universidad Mayor de San Marcos and a member of its Professors' Association and the Social and Legal Attention Commission. State agents had affiliated her with the "Shining Path" Party. Ms. Cory Clodolia Tenicela Tello disappeared on 2 October 1992. She studied Chemical Engineering at the National University of Central Peru. Mr. Néstor Rojas Medina disappeared in January 2006. He was a student of radio broadcasting and an intern at RBC Radio Broadcasting in Lima. Mr. Santiago Antezana Cueto was arrested on 7 May 1984 by members of the Manyacc Annexe Self-Defence Committee and handed over to the army along with his uncle, Mr. Máximo Antezana, who was tortured and released days later.

The facts of the six cases occurred in the context of the armed conflict in Peru, during which state agents used the enforced disappearance of militants or people suspected of belonging to illegal armed groups as a counter-subversive mechanism. In this same context, university students' persecution occurred between 1980 and 1995.

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