- In a letter of 18 February 1985, the following complaint was made to the
Inter-American Commission on Human Rights:
Claudio Marcial Muñoz Yaranga,, 32 years old, unmarried and a farmer, was arrested by the Civil Guard at 4:00 p.m. on 25 November 1983, in Ayacucho, Huamanga.
On 25 November 1983, the family found his corpse in the vicinity of his home, Jr. González, Ayacucho. According to witnesses, Muñoz Yaranga was executed immediately upon his arrest in full view of his family.
- In a note of 28 March 1985, the Inter-American Commission on Human Rights
transmitted the pertinent parts of the complaint to the Government of Peru with a request for
information on the facts referred to in that letter, and for any data that might indicate whether in
the case in hand the domestic remedies had been exhausted.
- In a note of 26 March 1986, the Government of Peru supplied information on this
and other cases, stating that they had been the subject of "a similar inquiry from the Working
Group on Enforced or Involuntary Disappearances of the United Nations Commission on Human
Rights, which now regards some of them as cleared up."
- In keeping with the Regulations procedure for petitions and complaints, the
Commission sent the complainant the information from the Government of Peru for observations
and comments. In a letter of 12 August 1986, the complainant presented observations of
substance, which were submitted in turn to the Government of Peru with a note of 15 October
1986, requesting that all reports on the case be supplied within 30 days.
- This request for information was repeated in notes of 1 May 1986, and 12 January
1987, in which the Commission advised that, failing receipt of the information requested, it would
move to consider the possibility of applying Article 42 of its Regulations.
- These notes having elicited no reply, the Inter-American Commission on Human
Rights once again repeated its request for information on 23 June 1987.
- In the absence of any reply to these communications, the Commission repeated yet
again its request for information in a note of 12 August 1987.
That, despite the time that has elapsed and the repeated and fruitless efforts of the
Commission, the Government of Peru has not provided a reply on the present case, nor has it
sought an extension of time for forwarding the requested information;
- That, in its action on the complaint in this case, and despite its failure to receive
any acknowledgement of its many communications to the Government of Peru, the Commission
granted new extensions and deadlines so as not to restrict the right of reply of the Government
- That the Government of Peru, while not challenging the facts, has confined itself to
objecting to the Commission's competence on the argument that the case has been examined in the
Working Group on Enforced or Involuntary Disappearances of the United Nations Commission
on Human Rights, "which now regards some of them as cleared up";
- That the Inter-American Commission on Human Rights has no information on
which to establish that the situation of Claudio Marcial Muñoz Yaranga has been cleared up by
the Working Group on Enforced or Involuntary Disappearances of the United Nations
Commission on Human Rights;
- That, in the judgment of the Inter-American Commission on Human Rights, it
should refrain from considering the present case only if it is pending settlement in another
proceeding in an inter-governmental organization of which Peru is a member and that proceeding
is substantially a replication of a petition outstanding or already examined and resolved by the
Commission or some other inter-governmental organization of which Peru is a member;
- That, on the other hand, the Commission should not refrain from considering the
case if a proceeding in progress in another organization is confined to a consideration of the
general human rights situation in the country, and no decision has been reached on the specific
facts concerning which the petition has been submitted to the Commission, or the decision does
not lead to a real settlement of the violation charged;
- That, in keeping with the relevant resolutions of the United Nations Human Rights
Commission, and particularly with its Resolution 20 (XXVI) of 29 February 1980, it is not in the
competence of the Working Group on Enforced or Involuntary Disappearances to decide on the
specific facts alleged in the present case;
- That, in consequence, the Inter-American Commission on Human Rights is not
barred by either its Regulations or under the American Convention on Human Rights from
considering the present case.
- That in Resolution 666 (XIII/083) and Resolution 742 (XIV-0/84) the General
Assembly of the Organization of American States declared that "the practice of the forced
disappearance of persons is an affront to the conscience of the Hemisphere and constitutes a crime
- That Article 42 of the Commission's Regulations establishes that:
The facts reported in the petition whose pertinent parts have been transmitted to the Government of the State in reference shall be presumed to be true 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.
- To presume true the facts charged in the communication of 18 February 1985,
concerning the death of Claudio Marcial Muñoz Yaranga while in the custody of the Civil Guard
at Ayacucho, Huamanga.
- To observe to the Government of Peru that these facts constitute extremely serious
violations of Article 4 (right to life) of the American Convention on Human Rights.
- To recommend to the Government of Peru that it launch a thorough and impartial
investigation to identify the perpetrators of the acts charged, punish them in accordance with
Peruvian law, and inform the Commission within 60 days of the action taken to implement the
recommendations contained herein.
- To transmit this Resolution to the Government of Peru.
- If the Government of Peru does not present information on the action taken within 60 days, the Commission, pursuant to Article 63, paragraph g, of its Regulations, will include this Resolution in its Annual Report to the General Assembly of the Organization of American States.