REPORT No. 57/09
DECISION TO ARCHIVE
March 27, 2009
ALLEGED VIOLATIONS: Articles 5, 7, and 8 of the American Convention, taken in concordance with Article 1(1) of that international instrument
DATE OF INITIAL PROCESSING: October 2, 2002
I. POSITION OF THE PETITIONERS
petitioners contend that the alleged victim was detained on January 17,
1996, for the alleged commission of the
II. POSITION OF THE STATE
2. At its first available opportunity, the State answered that the alleged victim had been pardoned on March 15, 2001, and thus granted his freedom. Accordingly, the State asked that the petition be declared inadmissible, inasmuch as the facts underlying the petition no longer subsist.
III. PROCESSING BEFORE THE COMMISSION
3. On April 19, 2000, the initial petition was received and assigned case No. P-173-00. On October 2, 2002, the petition was transmitted to the Peruvian State, which was asked to submit its response within a period of two months. The State’s response was received on December 13, 2002, and transmitted to the petitioners on December 17, 2002, which were asked to present any pertinent observations within a period of 45 days. On July 23, 2003, the Commission asked the petitioners to submit updated information to determine if the motives underlying the petition subsisted. In this communication, the petitioners were notified that if such information was not received within a period of one month, the Commission may archive the case in accordance with Article 48(1)(b) of the American Convention.
IV. GROUNDS FOR THE DECISION TO ARCHIVE
Article 48(b) of the American Convention on Human Rights and Article 30(6)
of the Rules of Procedure of the Inter-American Commission on Human Rights
establish that with regard to the processing of a petition, once the
observations have been received or the period
petition alleges violations of the rights enshrined in Articles 5, 7, 8,
and 1(1) of the American Convention, as a result of the alleged victim’s
having being tried for the
6. The available information is insufficient to determine the purpose of this petition and whether or not its purpose meets the requirements for admissibility. To this end, in accordance with Article 48(b) of the Convention and Article 30(6) of the IACHR Rules of Procedure, the Commission decides to archive the present petition.
Done and signed in the city of Washington, D.C., on the 27th day of the month of March, 2009. (Signed): Luz Patricia Mejía Guerrero, President; Víctor E. Abramovich, First Vice-president; Felipe González, Second Vice-president; Sir Clare K. Roberts, Paulo Sérgio Pinheiro, Florentín Meléndez, and Paolo Carozza, members of the Commission.