Report No. 3 (2020) IACHR. Petition No. 19.095 (Perú)

• Case Number: 19.095
• Year: 2020
• Report Number: 3
• Respondent State: Perú
• Case Type: Friendly Settlements
• Court: Inter-American Comission of Human Rights
• Alleged Victim: Mariela Barreto Riofan

REPORT No. 3/20

CASE 19.095

F..S...

.

.

.

M..B..R.

PERU

Approved electronically by the Commission on February 24, 2020.

OEA/Ser.L/V/II.

D.. 4

24 February 2020

Original: Spanish

Cite as: IACHR, R.rt No. 3/20, Ca se 12.095. F.ly Settlement. M..B.R..

P.. February 24, 2020.

www.cidh.org

1

REPORT No. 3/20

CASE 12.095

F..S.....

.

M..B..R.

PERU

FEBRUARY 24 20201

I. SUMMARY AND PROCEDURAL ASPECTS RELATED TO THE FRIENDLY SETTLEMENT

PROCESS

1. On November 12, 1998, during its on-site visit to P., the Inter-A merican Commission on

H.n R.s (hereinafter, "the Commission" or "the IACHR") received a petition presented by Mr. O.....

.

B..P. (hereinaf ter, "Mr. B." or "the petitioner"), against the Republic of P. (hereinafter, "P.",

"the S." or "the P.vian S."), in which he alleged the violation of the rights of his daughter, M...

.

B..R., who at the time of the events served as an agent of th e Army Intelligence S ervice (SIE), when

state security agents illegally detained her, tortu red her, executed her and finally dismembered he r.

Subsequently, the Cent er for Defense and Internat ional Law (CEJIL) and the Association for H.n R.s

(APRODEH), assumed the representation of the victim's relatives.

2. The petition claimed responsibility for the P.vian S. for the v iolation of Articles 4 (right

to life), 5 (right to humane treatment) , 7 (rights to personal liberty) and 8 ( right to a fair trial) of the American

Convention on H.n R.s (hereinafter “the American Conventi on”).

3. On M. 23, 2000, the IA CHR issued the Admissibility R.rt No. 30/00. In its report, th e

IACHR concluded that it was competent to examine th e alleged violation of articles, 4 (right to lif e), 5 (right to

humane treatment), 7 (rights to pers onal liberty) and 8 (right to a fai r trial) of the American Convention.

4. On D.r 22, 2001, the f riendly settlement agreement was signed, whereby the P. vian

S. recognized its inter national responsibility for the huma n rights violations committed to the detriment of

M..B..R..

5. T. friendly settlem ent report, pursuant to Article 49 of the Convention and Article 40(5) of

the Commission’s Rules of Procedure , outlines the facts alleged by the petitioners and transcrib es the friendly

settlement agreement, which was sig ned on D.r 22, 2001, by the petitioners and representatives of the

P..S.. In addition, the agreem ent signed by the parties is appr oved, and it is agreed to publish this

report in the Annual R.rt of the IACHR to the General Assembly of the Organization of American S.s.

II. TRAMITE ANTE LA COMISION

6. On November 12, 1998, the Commission rec eived the petition regar ding the events allegedly

occurred in M. 1997.

7. In Admissibility R.rt No. 30/00, published on M. 23, 2000, the IACHR declared the case

admissible, with regard to the alleged violations of the rights to life, personal integrity, personal liberty and the

judicial guarantees, enshrined in Articles 4, 5, 7 and 8 resp ectively, of the American Convention on H.n

R.s to the detriment of M..B...R..

8. T. case is part of the Joint Press Relea se of February 22, 2001, whereby the P.vian S.

undertook to recognize its international responsibility for multiple cases of human rights violations and to take

the necessary measures to restore the rights affected and / or repair the damage cau sed.

1 C..J..M., a national of P., did not participate in the consideration of the vote on this case of compliance

with article 17 (2) (a) of the IACHR.