REPORT No. 54/09
DECISION TO ARCHIVE
March 27, 2009
ALLEGED VICTIMS: Persons detained who subsequently disappeared
ALLEGED VIOLATIONS: Articles 8, 25, and 1(1) of the American Convention
on Human Rights
DATE OF INITIAL PROCESSING: August 31, 1992
I. POSITION OF THE PETITIONERS
petitioners allege that the Peruvian Office of the Attorney
II. POSITION OF THE STATE
State produced a document of the Office of the Attorney
III. PROCESSING BEFORE THE COMMISSION
3. On January 29, 1992, the preliminary petition was received and assigned case No. 11.052. On August 31, 1992, the petition was transmitted to the State, which was asked to submit its response within a period of three months. On October 22, 1992, the State’s answer was received and forwarded to the petitioners on November 11, 1992, who were asked to submit any pertinent observations within a period of 45 days. The petitioners submitted their observations on February 18, 1994, and were then forwarded to the State on May 24, 1994, which was asked to submit its observations within a period of one month. On December 12, 2002, the IACHR asked the petitioners to update the information in the petition within a period of one month. On April 5, 2004, the IACHR asked the petitioners to notify it if the facts alleged in the petition subsisted. In this communication, the petitioners were given notice that if no reply were received, the Commission may consider archiving the case in accordance with Article 48(1)(b) of the Convention. On May 10, 2004, one of the petitioning organizations, APRODEH, asked the Commission to furnish additional information about the case.
IV. GROUNDS FOR THE DECISION TO ARCHIVE
Article 48(b) of the American Convention on Human Rights and Article 30(6)
of the Rules of Procedure of the Inter-American Commission on Human Rights
establish that with regard to the processing of a petition, once the
observations have been received or the period
this case, the complaint describes in only
6. Despite the passing of years and the Commission’s requests, the petitioners have yet to provide more detailed information. Under these circumstances, the available information is insufficient to make a determination as to whether the grounds on which the initial petition was based subsist or to formulate a decision regarding the petition’s admissibility or inadmissibility. Consequently, in accordance with Article 48(b) of the Convention and Article 30(6) of the IACHR Rules of Procedure, the Commission decides to archive the petition.
Done and signed in the city of Washington, D.C., on the 27th day of the month of March, 2009. (Signed): Luz Patricia Mejía Guerrero, President; Víctor E. Abramovich, First Vice-president; Felipe González, Second Vice-president; Sir Clare K. Roberts, Paulo Sérgio Pinheiro, Florentín Meléndez, and Paolo Carozza, members of the Commission.