REPORT OF THE INTER-AMERICAN COMMISSION
1. On June 1, 1989, the Inter-American Commission on Human Rights received the following complaint:
Wednesday, May 17, a detachment of approximately 100 soldiers from Infantry
Battallion Ollantaytambo No. 3 entered the settlement of Calabaza, District of
Mariposa, Province of Satipo, Department of Junin, firing their weapons and
calling the residents to come out of their houses.
The frightened residents refused to come out.
Then the soldiers entered the houses by force and brought out and
arrested over 20 people chosen by "Chito" and "Blanco,"
who were apparently in charge of the operation.
They then left the town with the detainees and headed toward the banks
of the Calabaza River.
Thursday, May 18, there appeared at that location the bodies of:
Soledad Granados Martinez (16), student; Eva Ricse Bohorquez (14),
student; Hildo Jaime Huancauqui Portillo (17), student; Jesus Apolinario Zárate
(30); Alberto Alanya Paitampoma (22), farmer; Raimundo Roque; Adalberto Alanya;
Samuel Paitampoma Llanco; Pascual Rojas Taipe (28); Uriel Laureano; and Sixto
following individuals were able to escape from their captors:
Secundino de la O. Espinoza (35); Evangelico Jesus Enrique Paulete
Solorzano, teacher; and Hilario Arca Portocarrero. They
all showed evidence of torture.
Jauregui Arteaga and Geronimo Bocanegra Herrera, owner of the principal main
grocery store, which was looted by the detachment, were tortured and then
Arteaga Moya (60), Lalo Arteaga Camargo, Irma Juscamaita Arteaga, and Hernan
Artica Ames have disappeared.
Through a note of June 7, 1989, the Commission sent the relevant parts
of the claim to the Government of the Republic of Peru and asked that
Government to provide the information it deemed appropriate.
An answer was not received within the statutory time limit.
This request for information was repeated in a note addressed to that
Government on September 8, 1989, which mentions the possibility that Article
42 of the Commission's Regulations would be applied.
Still no reply was received.
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:
The 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
1. 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 hat
would lead it to a different conclusion, based on Article 42 of its
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
To presume to be true the claims presented in the June 7, 1989,
correspondence pertaining to the arbitrary arrest by agents of the Peruvian
state and subsequent murder of Soledad Granados Martinez, Eva Ricse Bohorquez,
Hildo Jaime Huancauqui Portillo, Jesus Apolinario Zarate, Alberto Alanya
Paitampoma, Raimundo Roque, Adalberto Alanya, Samuel Paitampoma Llanco,
Pascual Rojas Taipe, Uriel Laureano, and Sixto Torres Peña, whose bodies
appeared on the banks of the Calabaza River; the arbitrary capture and torture
of Secundino de la O. Espinoza, Evangelico Jesus Enrique Paulete Solorzano,
and Hilario Arca Portocarrero; the torture of Elmer Jauregui Arteaga and
Geronimo Bocanegra Herrera; and the capture by those same agents and
subsequent disappearance of Felix Arteaga Moya, Lalo Arteaga Camargo, Irma
Juscamaita Arteaga, and Hernan Artica Ames, in the settlement of Calabaza,
District of Mariposa, Province of Satipo, Department of Junin, on May 17 and
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 Rights) compounded by the fact that three of the alleged victims are
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 the petitioners.
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.