REPORT OF THE INTER-AMERICAN COMMISSION
On March 23, 1988, the Inter-American Commission on Human Rights
received the following complaint:
The detention and subsequent disappearance of Basilio Chirhuana Carbajal,
Bethy Bazan Huaman, Pedro Carbajal Roldan, Rosa Velasquez Marca, Matilde Ni O.
Guzman Ayvar, Rosa Ni O. de Guzman Ayvar, Luisa Guzman de Guzman Ayvar, Celio
Carbajal Ayvar, Jose Ayvar Cavero, Fermin Gonzalez, Jorge Ayvar Huamani, and
Julian Salinas on November 11, 1988, by Peruvian Army troops in the Province of
Aymaraes, Department of Apurimac, an area that has been placed under a state of
They were arrested at their homes, from which the Army also took
household goods and provisions; the soldiers forced their relatives to feed
them. The Army denies holding these
individuals even though there were numerous witnesses.
a note of April 29, 1988, the Commission transmitted the pertinent parts of the
complaint to the Government of the Republic of Peru, with a request for any
relevant information, but failed to receive a reply within the statutory period.
The request for information was reiterated through note sent to the
Government on September 7, 1989, which referred to the possibility of applying
Article 42 of the Regulations of the Commission.
No reply was received to that note either.
That in resolution AG/RES. 666 (XIII-O/83) the General Assembly
declared that "the practice of forced disappearance of persons in the
Americas is an affront to the conscience of the hemisphere and constitutes a
crime against humanity."
That the period established in Article 34, paragraph 5, of the
Regulations of the Commission has elapsed without the Government of Peru having
responded to the request for information made by the IACHR in the notes referred
to in the background section of this report, so that it may be presumed that
there are not any remedies under domestic jurisdiction
be exhausted (Article 46 of the American Convention), in light of the
adversarial procedure established in that Convention.
That Article 42 of the Regulations of the Commission reads:
facts reported in the petition whose pertinent parts have been transmitted to
the government of the State in reference if, during the maximum period set by
the Commission under the provisions of Article 34, paragraph 5, the government
has not provided the pertinent information, as long as other evidence does not
lead to a different conclusion.
That Article 1, paragraph 1, of the American Convention on Human Rights
Article 1. Obligation to Respect Rights
The States Parties to this Convention undertake to respect the rights and
freedoms recognized herein and to ensure to all persons subject to their
jurisdiction the free and full exercise of those rights and freedoms, without
any discrimination for reasons of race, color, sex, language, religion,
polistical or other opinion, national or social origin, economic status, birth,
or any other social condition.
That the Republic of Peru is a State Party to the American Convention on
Human Rights and has ratified the binding jurisdiction of the
Inter-American Court of Human Rights.
Therefore, in view of the related background and the considerations as
well as of the fact that the Commission does not have any other evidence that
would lead it to a different conclusion, based on Article 42 of its Regulations,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
To presume to be true the claims presented in the March 23, 1988,
correspondence pertaining to the arbitrary arrest by agents of the Peruvian
state and subsequent disappearance of Basilio Chirhuana Carbajal, Bethy Bazan
Huaman, Pedro Carbajal Roldan, Rosa Velasquez Marca, Matilde Ni O. Guzman Ayvar,
Rosa Ni O. de Guzman Ayvar, Luis Guzman de Guzman Ayvar, Celio Carbajal Ayvar,
Jose Ayvar Cavero, Fermin Gonzalez, Jorge Ayvar Huamani, and Julian Salinas in
the Province of Aymaraes, Department of Apurimac, on November 11, 1988.
To declare that that act constitutes a serious violation by the Peruvian
state of the rights to life, humane treatment, personal liberty and a fair trial
(Articles 4, 5, 7, and 8, respectively, of the American Convention on Human
To recommend to the Government of Peru that it conduct the most
exhaustive investigation possible of the acts denounced in order to identify
those who are directly or indirectly responsible so that they may receive the
corresponding legal penalties and that it inform the Commission of its decision
and the measures taken, within a maximum period of 60 days.
To recommend to the Government of Peru that it adopt the measures
established under national law to indemnify the families of the victims.
To transmit this report to the Government of the Republic of Peru and to
within the period set in operative paragraph 3 of this report, the Government of
Peru has not presented observations, the Commission shall include this report in
its Annual Report to the General Assembly, in accordance with Article 48 of the
Regulations of the Commission.