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OEA/Ser.L/V/II.79.rev.1 ANNUAL
REPORT OF THE INTER-AMERICAN COMMISSION REPORT
N°
10/90 CASE
9805 PERU BACKGROUND:
1.
On September 17, 1986, the Inter-American Commission on Human
Rights received the following complaint: Albino
Quino Sulca, detained on July 30, 1986, by army troops in uniform at his own
home in Matero, Cangallo, and taken to the army barracks in the city of Cangallo
along with three other prisoners from the same community.
The troops who perpetrated this abduction wore ski masks to conceal their
identities. Later, the same day, a
female relative visited the barracks, where his detention was first casually
recognized and where a package of food was accepted for him.
The relative was told that he "would probably be released in 25
days." But when she returned
on July 31 to take him breakfast, the food was rejected and it was denied that
he had been or was still being held there.
2.
In a note of October 24, 1986, 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.
3.
The request for information was reiterated through notes sent to the
Government on January 21, 1988, June 7, 1988, February 17, 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. CONSIDERING:
1.
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." 2. 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 to be exhausted (Article 46 of the American Convention), in light of the adversarial procedure established in that Convention.
3.
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.
4.
That Article 1, paragraph 1, of the American Convention on Human Rights
reads: 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.
5.
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, RESOLVES:
1.
To presume to be true the facts denounced in the communication of
September 17, 1986, on the arbitrary detention by Peruvian government agents and
the subsequent disappearance of Albino Quino Sulca, in Matero, Cangallo on July
30, 1986.
2.
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).
3.
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.
4.
To recommend to the Government of Peru that it adopt the measures established
under national law to indemnify the families of the victim. 5. To transmit this report to the Government of the Republic of Peru and to the petitioners.
6.
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.
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