The Inter-American Court of Human Rights notified its sentence over the lawsuit against the Peruvian State related to alleged extrajudicial executions of three terrorists following the Chavin the Huantar operation, which rescued 72 hostages (one would die) captured by the Tupac Amaru Revolutionary Movement (MRTA) terrorist group in 1997.
The most important aspects considered by the Court concerning the Chavin de Huantar case include:
1. The Court has recognized the use of force was contemplated by the State within the framework of an operation undertaken by security forces in order to manage to free hostages held by MRTA members.
2. The alleged victims were not civilians, but MRTA members, who took active part in the hostilities. However, they could have benefited from the safeguards contained in the international humanitarian law, if they hadn’t participated in the hostilities.
3. The death of Eduardo Nicolas Cruz Sanchez, alias "Tito," took place once he was in custody of the State and was an extrajudicial execution.
4. The Court cites the report given by forensic anthropologists, which states the homicide was committed while he was immobilized, and that none of the soldiers admitted having shot at him.
5. The State incurred in international responsibility for the act of arbitrary deprivation of Eduardo Nicolas Cruz Sanchez life, since once captured alive, the State was obliged to provide him with humane treatment as well as respect and guarantee his rights.
6. The death of Herma Luz Melendez Cueva and Victor Salomon Peceros Pedraza took place while they were still participating in hostilities and while hostages were being evacuated, so there is no enough evidence to determine the State’s responsibility in this case.
7. The Court considers the scene of the events and the removal of corpses have been irregularly handled and that the necropsies held in 1997 lacked of accuracy.
8. The procedures before the Peruvian Court have not been completed in time, and the State has not showed it has taken the necessary steps to find one of those involved.
9. The whole truth concerning the execution of Eduardo Nicolas Cruz Sanchez has not come out in 18 years.
10. The Court does not rule a financial compensation payment for the case-related events, and established that its sentence is a sort of reparation.
11. It also stipulates the criminal investigation on Eduardo Nicolas Cruz Sanchez case and the dissemination of the sentence must go on.
12. Finally, it determines the State shall not award any compensation; however, it must reimburse costs and expenses worth US$10,000 and US$ 20,000 to the Pro Human Rights Association (Aprodeh) and the Center for Justice and International Law, respectively, on the work carried out on the case at the national and international level.
(END) SMA/CCR/RMB/MVB
Published: 6/30/2015