Report No 32/90 - Case 10.222 (PERU)

BACKGROUND:

  1. On August 22, 1988, the Inter-American Commission on Human Rights received the following complaint:
  2. The human rights violation that took place in the District of Chazuta, Province of San Martin, Peru.

    On July 13, 1988, a Peruvian Army patrol consisting of 70 soldiers and two captains raided the settlement of Llucanayacu, District of Chazuta, Province of San Martin, arrested its inhabitants, and occupied the school and church. They also threatened local officials and burned the homes of peasants Fabriciano Chujandama Chasnamote and Margarita Gonzalez Panduro.

    In the raid on the settlement of Llucanayacu, the following individuals were arrested and taken away by helicopter, presumably to the Mariscal Caceres de Morales barracks: Fabriciano Chujandama Chasnamote and Mamerto Chujanda Chasnamote on July 13, 1988, and Roldan Sabota Chujandama, on July 15, 1988.

    They also arrested and tortured Edgardo Chujandama Pinedo and William Pozo, who were later set free because of poor health. They threatened to kill Lieutenant Governor Brígido Chujandama Chuasnamote and the townspeople in general and said they would still kill someone so as to intimidate the people.

  3. In a note of August 22, 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 period.
  4. The request for information was reiterated through note sent to the Government on September 7, 1989, which referred to the possibility of applying Article 42 of the Regulations of the Commission. No reply was received to that note 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:
    4. Article 42

      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.

    5. 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.
    1. 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 claims presented in the August 22, 1988, correspondence pertaining to the arbitrary arrest by agents of the Peruvian state and subsequent disappearance of Fabriciano Chujandama Chasnamote and Mamerto Chujandama Chasnamote, on July 13, 1988, and of Roldan Sabota Chujandama, on July 15, 1988, and pertaining to the death threats toward an arbitrary arrest of the residents of the settlement of Llucanayacu, District of Chazuta, Province of San Martin, as well as the threats toward officials and the burning of homes.
  1. 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).
  2. 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.
  3. To recommend to the Government of Peru that it adopt the measures established under national law to indemnify the families of the victim.
  4. To transmit this report to the Government of the Republic of Peru and to the petitioners.
  5. 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.