REPORT OF THE INTER-AMERICAN COMMISSION
1. On November 11, 1988, the Inter-American Commission on Human Rights received the following complaint:
and subsequent disappearance of Hugo Maximo Aliaga Ordaya, age 29, student at
the University of San Marcos, in Pedregal, Chosica, Lima, as he attempted to
take a bus at 7:30 a.m., on September 22, 1988.
Individuals presumed to be plainclothed policemen forced him into a car.
Witnesses are students at the University of La Cantuta who were with him
at the time. In spite of the amount
of time that has gone by, his whereabouts are unknown. His family has checked the police stations, which do not
acknowledge his arrest.
In a note of November 17, 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
The request for information was reiterated through notes sent to the
Government on February 23, 1989 and September 7, 1989, which referred to the
possibility of applying Article 42 of the Regulations of the Commission.
No reply was received to those notes 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,
political 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
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 November 11, 1988,
correspondence pertaining to the arbitrary arrest by agents of the Peruvian
state and subsequent disappearance of Hugo Maximo Aliaga Ordaya in Pedregal,
Chosica, Lima, on September 22, 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
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
under national law to indemnify the families of the victim.
To transmit this report to the Government of the Republic of Peru and to
If, 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.