seriec_167_ing.doc - Inter-American Court of Human Rights...

This preview shows page 1 - 3 out of 51 pages.

Inter-American Court of Human Rights Case of Cantoral-Huamaní and García-Santa Cruz v . Peru Judgment of July 10, 2007 (Preliminary Objection, Merits, Reparations and Costs) In the case of Cantoral-Huamaní and García-Santa Cruz , the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or “the Court”), composed of the following judges: 1 Sergio García Ramírez, President Cecilia Medina Quiroga, Vice President Manuel E. Ventura Robles, Judge Leonardo A. Franco, Judge Margarette May Macaulay, Judge, and Rhadys Abreu Blondet, Judge; also present, Pablo Saavedra Alessandri, Secretary, and Emilia Segares Rodríguez, Deputy Secretary; pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”) and Articles 29, 31, 53(2), 56 and 58 of the Rules of Procedure of the Court (hereinafter “the Rules of Procedure”), delivers this Judgment. I I NTRODUCTION OF THE CASE AND M ATTER IN D ISPUTE 1. On February 21, 2006, in accordance with the provisions of Articles 50 and 61 of the American Convention, the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) lodged before the Court an application against the State of Peru (hereinafter “the State” or “Peru”). This application originated from petition No. 10,435, submitted to the Secretariat of the Commission on May 9, 1989, by Ester Hinostrosa, on behalf of the Filomena Tomaira Pacsi organization. On October 15, 2005, pursuant to Article 50 of the Convention, the Commission approved Report on admissibility and merits No. 76/05, which made specific recommendations to the State. 2 On February 13, 2006, the Commission decided to submit the case to the jurisdiction of the 1 Judge Diego García-Sayán excused himself from hearing this case “in the terms of Article 19 of the Statute and Article 19 of the Rules of Procedure.” The President of the Court, in consultation with the judges of Court, decided to accept this excuse, based on the provisions of these articles and the examination of the reasons given by Judge García-Sayán. 2 In the Report on merits, the Commission concluded that the State was responsible for violating the rights to life (Article 4), humane treatment (Article 5), personal liberty (Article 7), a fair trial (Article 8), judicial protection (Article 25) and freedom of association (Article 16) of the American Convention, in relation to Article 1(1) thereof.
Image of page 1

Subscribe to view the full document.

Court “because it considered that the State had not adopted the recommendations made in the said report satisfactorily.” 3 2. The application refers to the alleged “kidnapping, [...] torture and [...] extrajudicial execution of Saúl Isaac Cantoral-Huamaní and Consuelo Trinidad García-Santa Cruz [...] on February 13, 1989, in Lima, Peru, and to the total impunity of these facts.” The Commission indicated “the importance of submitting this case to the Court, because more than 17 years have elapsed and the next of kin of the [alleged] victims have been unable to discover the
Image of page 2
Image of page 3
  • Summer '17
  • allen dasu
  • The Court, Inter-American Commission on Human Rights, Inter-American Court of Human Rights

{[ snackBarMessage ]}

Get FREE access by uploading your study materials

Upload your study materials now and get free access to over 25 million documents.

Upload now for FREE access Or pay now for instant access
Christopher Reinemann
"Before using Course Hero my grade was at 78%. By the end of the semester my grade was at 90%. I could not have done it without all the class material I found."
— Christopher R., University of Rhode Island '15, Course Hero Intern

Ask a question for free

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern