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RESOLUTION
Nº 20/87 CASE
9449 PERU June
30, 1987 HAVING
SEEN the background information on this case, viz: 1. Through a
communication dated September 6, 1984, the Inter-American Commission
on Human Rights received the following petition: Martín
Hipólito Bellido Canchari, a 14 year-old student at the school
"Mariscal Cáceres", was arrested at his home, in Ayacucho,
in late 1983 by hooded members of the Civil Guard. His whereabouts are
unknown. In
spite of actions taken before the corresponding authorities he has not
been located and we fear for his life. This
situation appears to constitute a clear violation of the American
Convention on Human Rights, to which Peru is a State party. 2. In a note dated
October 24, 1984, the Commission requested the Government of Peru to
provide the corresponding information, in accordance with Article 34
(formerly 31) of its Regulations. 3. In a note dated
March 6, 1985 (Nº 7-5-M/37), the Government of Peru replied as
follows: Regarding
Case 9449, concerning Martín Hipólito Bellido Canchari, the Public
Prosecutor's office is carrying out the corresponding investigation to
obtain information on the events denounced in the petition. This
investigation was initiated upon presentation of a claim by Mrs. Elena
Canchari de Bellido. 4. In its
communication of March 19, 1985, the Commission transmitted the
pertinent parts of the information provided by the Government of Peru
to the petitioner, pointing out that he should present his
observations or comments within a period of 45 days. This request was
repeated on March 1st
1986. 5. In its note of
March 1st, 1986, the Commission informed the Government of
Peru of the abovementioned action. 6. In a
communication dated June 4, 1986, the petitioner made the following
observations and comments on the Peruvian Government's above-mentioned
note of March 6, 1985: The
Government of Peru says that the Public Prosecutor's office is
carrying out an investigation due to a formal petition presented by
Martín Hipólito Bellido Canchari's mother. We suggest the Commission
request information on the present status of this investigation. It is
important to know if Mrs. Canchari and the other relatives or
witnesses in this case have been interrogated during the
investigation. Likewise, we suggest the Commission request transcripts
of the communications on the case held between the Attorney's office
and the Political-Military Command--the latter being held responsible
for the illegal arrests--and also the replies of the Command to the
petitions. We
also hope the Commission will learn whether the Public Prosecutor's
office has brought suit before a criminal court since this case
involves the crimes of kidnapping and murder, and also if any
proceedings at all have been initiated before the courts. We wish to
point out that previously, in various cases of mass executions--and
specifically in the cases of the discovery of common graves in
Pucayacu in August 1984 and the death of eight reporters in January of
1983--investigations have been initiated by the criminal courts but
the regional political-military authorities refused to appear before
the respective courts. It is also requested the Commission ask for
information on measures taken in this and other similar cases in order
that the Armed Forces officials responsible for arrests in Ayacucho be
interrogated and give testimony in trial on these investigations and
that their replies, and those of their superiors, be made known. 7. In its note of
June 19, 1986 the Commission transmitted the petitioner's observations
to the Government of Peru requesting it to provide information on the
case within 30 days. CONSIDERING:
1. That this case
meets the admissibility requirements set forth in the Commission's
Regulations. 2. That the
information provided by the Government of Peru in its note of March 6,
1985 is clearly insufficient for the Commission to study the case
without all the facts to formulate an opinion. 3. That more than
enough time has elapsed to have obtained results and tried and
punished the responsible agents of such serious charges as are the
kidnapping and disappearance, in Ayacucho, of the minor Martín Hipólito
Bellido Canchari. 4. That in view of
the circumstances in which the events occurred, and the lack of data
on their investigation, in the opinion of the Commission there is
enough evidence to presume the facts to be true. 5. That in
accordance to Article 42 (formerly 39) of the Regulations the
Commission presumes true the facts presented by the petitioner as
other evidence does not lead to a different conclusion. 6. That, moreover,
in this case the Commission recognizes an unjustified delay in the
administration of justice, therefore, it is not necessary for domestic
remedies to have been exhausted as a previous step to studying the
case, in accordance with Article 37, paragraph 1 of its Regulation. 7. That, moreover,
in the case that is the subject matter of this Resolution, the
Commission has not been able, by reason of the nature of the petition,
that is the forced disappearance of Mr. Martin Hipólito Bellido
Cauchari, to apply the friendly settlement procedure provided for in
Article 48, paragraph 1, f of the American Convention on Human
Rights and Article 45 of its Regulations. THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES: 1. To presume to
be true the facts stated in the petition of September 6, 1984
concerning the kidnapping and disappearance, in Ayacucho, of the minor
Martín Hipólito Bellido Canchari. 2. To declare that
the events denounced in this petition constitute very serious
violations of the right to personal liberty (Art. 7) and the right to
life (Art. 4) of the American Convention on Human Rights. 3. To recommend to
the Government of Peru that it conclude, as soon as possible, the
investigations in process on this case, existing accusation by the
interested party; that it expedite the establishment of corresponding
responsibilities and punish, with the most severe penalties, the
agents responsible for the kidnapping and disappearance of the minor
Bellido Canchari, and specifically proceed against the regional
military authorities who could have had the minor's custody under
their jurisdiction at the time. 4. To declare the
victim's relatives entitled to fair compensation in accordance with
the law and whereby the Government of Peru is responsible for said
compensation. 5. To request the
Government of Peru to inform the Commission, within 60 days, of the
measures taken to implement the recommendations set forth in this
Resolution. If after the established time limit the Government of Peru
has not submitted any comments, the Commission will include this
Resolution in its Annual Report to the General Assembly of the OAS, in
accordance with Article 63, g of its Regulations. 6. To transmit
this Resolution to the Government of Peru and the petitioner.
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