I.  PURPOSE OF THE COMPLAINT  

        The Inter-American Commission on Human Rights is petitioning the Inter-American Court of Human Rights that: 

1.     It find that the Government of Peru, through the acts of its agents, has violated the right to life, the right to humane treatment, the right to personal liberty, the right to a fair trial, the right to property, and the right to judicial protection, recognized in articles 4, 5, 7, 8, 21 and 25, all in relation Article 1.1 of the American Convention on Human Rights, as a consequence of the extrajudicial executions, torture, arbitrary arrest, forced disappearance and damage to public property and the property of Peruvian citizens, victims of actions that members of the Peruvian Army took starting on May 14, 1988, in the district of Cayara, Province of Víctor Fajardo, Department of Ayacucho, and the following persons in particular:

ARBITRARY EXECUTIONS AND FORCED DISAPPEARANCES 

        1.  APARI TELLO, HERMENEGILDO
        2.  ASTO BAUTISTA, ESTEBAN
        3.  BAUTISTA PALOMINO, GUZMAN (disappeared)
        4.   BERROCAL PALOMINO, EMILIO
        5.   CCAYO CAHUAYMI, DAVID
        6.   CCAYO CAHUAYMI, PATRICIO
        7.   CCAYO NOA, SOLANO
        8.   CCAYO RIVERA, JOSE
        9.   CHOCCÑA ORE, ALEJANDRO
        10.  CRISOSTOMO GARCIA, FELIX
        11.  CRISOSTOMO GARCIA, MARTA
       
12.  ECHECCAYA VILLAGARAY, ALEJANDRO
        13.  GARCIA SUAREZ, JOVITA
       
14.  GARCIA PALOMINO, SAMUEL
        15.  GARCIA TIPE, ANTONIO FELIX
        16.  GONZALEZ PALOMINO, ARTEMIO
        17.  GUTIERREZ HUAMAN, MAGDALENO (disappeared)
        18.  HUAYANAY BAUTISTA, ALFONSO
        19.  IPURRE BAUTISTA, HUMBERTO (disappeared)
        20.  IPURRE RAMOS, GREGORIO (disappeared)
        21.  IPURRE SUAREZ, IGNACIO
        22.  MARCATOMA SUARES VDA. DE IPURRE, SEGUNDINA (disappeared)
        23.  NOA PARIONA, TEODOSIO
        24.  ORE PALOMINO, EUSTAQUIO
        25.  PALOMINO BAUTISTA, ZACARIAS
        26.  PALOMINO CHOCCÑA, AURELIO
        27.  PALOMINO DE IPURRE, BENIGNA (disappeared)
        28.  PALOMINO QUISPE, FERNANDINA
        29.  PALOMINO SUAREZ, FIDEL TEODOSIO
        30.  PALOMINO TUEROS, INDALECIO
        31.  QUISPE PALOMINO, FELIX
        32.  RAMOS PALOMINO, CATALINA (disappeared)
        33.  SUAREZ PALOMINO, DIONISIO
        34.  SULCA HUAYTA, PRUDENCIO
        35.  SULCA ORE, EMILIANO
        36.  TAQUIRI YANQUI, ZOZIMO GRACIANO
        37.  TARQUI CCAYO, IGNACIO
        38.  TELLO CRISOSTOMO, SANTIAGO
        39.  TINCO GARCIA, JUSTINIANO
        40.  VALENZUELA QUISPE, TEODOSIO 

TORTURE

        PALOMINO DE LA CRUZ, INDALECIO
        DE LA CRUZ IPURRE, CESAR
        TARQUI QUISPE, AVELINO
        ESQUIVEL FERNANDEZ, DOMITILA
        VALENZUELA CCAYO, BENEDICTA MARIA
        CCAYO RIVERA, CIRO
        CRISOSTOMO GARCIA, TEOFILO
        VALENZUELA PALOMINO, NESTOR 

DAMAGE TO THE PROPERTY OF 

        IPURRE RAMOS, GREGORIO
        SUAREZ PALOMINO, DIONISIO
        TELLO, LUCIA
        CABRERA DE PALOMINO, PRIMITIVA
        GARCIA PARIONA, MODESTO
        TORRES TINCO, TEODOSIO
        DE LA CRUZ VDA. DE TORRES, CATALINA
        SUAREZ BAUTISTA, PAULINA
        HUAMANI, APOLONIO
        GARCIA PARIONA, ENEDINA
        AQUINO PAICO, EMILIANO 

DAMAGE TO PUBLIC PROPERTY 

        CAYARA HEALTH STATION
        CAYARA DISTRICT COUNCIL
        CAYARA EDUCATION CENTER
 

2.     It find that the Government of Peru has failed to honor its obligation to respect and guarantee the exercise of the rights mentioned in the preceding paragraph, under the terms of Article 1.1 of the Convention. 

3.     It set the reparations and compensatory damages to which the victims and/or their next-of-kin are entitled as a consequence of the actions of the agents of the Peruvian Government described in this complaint, in accordance with Article 63.1 of the Convention. 

4.     It instruct the Government of Peru to conduct a thorough and impartial investigation of the facts denounced in this submission, single out those responsible for the violations denounced and bring them to trial so that they may receive the punishment that the law demands. 

II.  THE FACTS 

A.      General statement of the facts in this case 

        On May 13, 1988, at around 21:00 hours, in the vicinity of the hamlet known as Erusco, a Peruvian Army convoy was ambushed by an armed group belonging to the Peruvian Communist Party -also known as the Sendero Luminoso [Shining Path]--, leaving four soldiers dead and another 14 wounded.  Erusco is located in the District of Cayara, Province of Victor Fajardo, Department of Ayacucho, a region that has been the scene of very serious violence dating back to 1980, when the group launched its armed fight against the Peruvian constitutional system.  Since December 1982, the Department of Ayacucho has been in a state of emergency and under the authority of a Political-Military Command.  At the time of the events in question, the Chief of the Political-Military Command was Brigadier General José Valdivia Dueñas, who was promoted to the rank of Division General in December 1990. 

        The next day, May 14, military troops instituted a series of actions in the Cayara district which resulted in the arbitrary execution of 33 persons, the disappearance of 7, the torture of at least 6 who survived and damage to public and private property, all within the period from May 14, 1988 to September 8, 1989.  In committing the violations mentioned herein, the military troops' purpose was to take reprisals -targeted at a community whom the military considered to be terrorists-- and to eliminate those persons whose names appeared in a letter that an anonymous informant sent to an Army officer in that area.  Some of the persons whose names were mentioned in the letter were killed on May 14, while others were arrested and then killed on May 18.  Others were arrested and disappeared on June 29 of that year, while another was summarily executed on December 14.  Property belonging to some of the other people on the list was damaged and looted.  Apart from the individuals on the list in question, military troops proceeded to execute arbitrarily other persons from the town, while other people were the victims of enforced disappearance.  The soldiers also tortured an unknown number of persons to obtain information on the subversive group's activities. 

        The authors of these actions also committed acts calculated to conceal the truth.  Pressure was used to force witnesses to change their testimony and those who would not were physically eliminated.  And so it was that on September 8, 1989, the last of the key witnesses was murdered.  The authors also took measures to cover up their tracks, which included efforts to wash away the bloodstains in the church and to hide the bodies of the victims, most of which have not yet been found.  Their actions were also calculated to thwart the proceedings conducted by those organs of the Peruvian State that were endeavoring to ascertain the facts and, as the case gained notoriety, to obtain from organs of the Peruvian State versions that were consistent with those spread by the Army. 

        As a result of all these actions, the Office of the Attorney General of the Nation has not indicted any of the authors of these events, though the Special Prosecutor did submit an official report prepared on the basis of his investigations wherein he charges that the individual that bears the principal responsibility for these events is the Chief of the Political-Military Command of Ayacucho.  The Government Commission -also known as the Commission of Notables-, appointed by the Executive Power, also failed to arrive at any clear-cut conclusions concerning the responsibility for these actions.  It should also be noted that the majority opinion of the Senate Investigating Committee also concurs with the Army's version of what happened, while two minority opinions hold the Army responsible.  The Military Court failed to convict anyone for these actions and dismissed the respective case.  All this could not have happened without complicity at the highest decision-making levels within the Peruvian State.  These events are not unprecedented in Peru, where there have been other killings by the security forces.  Moreover, when it comes to the practice of enforced disappearance of persons, Peru is at the top of the list. 

APPENDICES: 

1.   Map of the area.

2.   Report of the Office of the Inspector General of the Army, May 31, 1988, on the
      events under examination.

3.   Cayara pleadings

4.   Report of General José Valdivia Dueñas to the Provincial Prosecutor of Cangallo,
      Dr. Jesús Granda, dated November 18, 1988.

5.   Report of the Special Prosecutor, Dr. Carlos Escobar Pineda, dated October 13,
      1988.

6.   Report of the Provincial Prosecutor of Cangallo, Dr. Jesús Granda.

7.   Report of the Prosecutor for Victor Fajardo, Dr. Rubén Vega Cárdenas.

8.   Report of the Senate Investigating Committee.

9.   Attachment to the statement made by Amnesty International before the
      Inter-American Commission on Human Rights, February 1991.
 

B.          Statement of the specific facts 

1.       Death and subsequent disappearance of Esteban Asto Bautista 

        On May 14, 1988, the Army seized total control of the area and some 80 soldiers, organized into seven patrols, entered the district of Cayara, province of Víctor Fajardo, Department of Ayacucho. 

        At the entrance to the town, at the place known as Alpajulo, they arbitrarily executed ESTEBAN ASTO BAUTISTA.  That night, the soldiers returned to look for the victim's body and removed it. 

        EVIDENCE: 

        1.     Report of General Valdivia to Prosecutor Granda, dated November 18, 1988, wherein he mentions the operation involving seven patrols and the fact that there was a dead man at the entrance to the town.

        2.     Testimony of Indalecio Palomino de la Cruz to the Special Prosecutor, dated May 21, 1988.

        3.     Testimony of Martha Crisóstomo García to the Special Prosecutor, dated May 21, 1988, on what Magda Suarez Valenzuela, wife of Esteban Asto Bautista, had said.

        4.     Testimony of Marco Antonio Taquiri Infante before the Special Prosecutor, May 26, 1988.

        5.     Testimony of Maximiliana Noa Ccayo to the Special Prosecutor, dated May 26, 1988.

        6.     Testimony of Valeriana Ipurre Marcatoma de Apari to the Special Prosecutor, dated May 26, 1988.

        7.     Minority Report of the Senate Investigating Committee, prepared by Senator Javier Diez Canseco (IACHR Report 29/91, page 88), on statements made by the victim'_ wife. 

2.       The Material Damage 

        The soldiers then entered the town, where they damaged the clinic, the premises of the Town Council and the school.  They looted and damaged stores and other private property.  Some of the damage and thefts involved property belonging to persons whose names appeared on a "list of subversives" that the Army had in its possession and whose existence it acknowledged.  That list was later published by the press.  Some of those whose property was damaged were being sought openly by the Army and were killed, either that very day or thereafter.  To locate the homes and then identify the persons on the list, the soldiers forced Marcial Crisóstomo de la Cruz to accompany them. 

        EVIDENCE: 

        1.     On-site inspection conducted by the Special Prosecutor on May 21, 1988 (page 7 of the Report of the Special Prosecutor), an inquiry that concerned the following property: 

        a.     That of Gregorio Ipurre Ramos, located in Cayara; the house was burned completely to the ground. 

        b.     That of Lucía Tello, located in Cayara, which was also the residence of Dionisio Suárez Palomino; the door had been broken down and some of her belongings burned; the flames had gone as high as the ceiling as the rafters were already sooty; damage estimated at I./40,000. 

        c.     That of Primitiva Cabrera de Palomino, located in Cayara; the general store was found to have been looted by soldiers on May 14, 1988;  the stolen property was valued at I./.20,000. 

        d.     That of Modesto García Pariona, located in Cayara; it was established that the general store had been looted by soldiers on May 14, 1988; the economic loss was I/.50,000; the door and the glass shelving had been broken and electrical devices stolen, the value of the loss being I/.30,000. 

        e.     That of Teodosio Torres Tinco, in Cayara; the door of the house had been forced; Army soldiers had stolen cash in the amount of I/.30,000. 

        f.     That of Catalina de la Cruz Vda. de Torres, located in Cayara; Army soldiers stole I/.40,000 in cash from her general store. 

        g.     That of Paulina Suárez Bautista, in Cayara; a food store where Army troops broke down the door and stole I-/2,000 in cash.  The inquiry was suspended at 9:00 p.m., to resume on May 26, 1988, at 2:00 p.m. 

        h.     At the Cayara Medical Station, where the witness Agapito Tinco Noa was present; by the time of the inspection everything was found to be in order, though it was said that on May 14 everything had been torn apart by the soldiers. 

        i.      At the premises of the Cayara Town Council; by the time of the inquiry everything had been repaired and recently painted, though one could still see that a door had been forced open. 

        j.      At the home of Apolonio Huamaní, located in Cayara, where the door had been broken down and everything had been torn apart. 

        k.      At the Cayara Education Center, where the inquiry found that there were five aluminum pots missing, which the Army troops were said to have been using. 

        l.      That of Enedina García Pariona, located in Cayara; the door of the general store had been forced open, ripping off the hinges and latches, which were turned over as the corpus delicti; Army soldiers were said to have stolen cash and electrical devices valued at I/.15,000. 

        m.     That of Professor Emiliano Aquino Paico, located in Cayara, where the door had been forced. 

        2.     A letter that an anonymous informant sent to an Army Captain, in which the following persons are named as being terrorists: 

José Joayo Rivera (killed in Ccechuaypampa on May 14, 1988)
Dionisio Suarez (janitor at the school; home damaged and killed in Ccechuaypampa)
Román Hinostroza Palomino
Gregorio Ipurre (house burned, arrested June 29, 1988 - see II.B.7. - and disappeared)
Justiniano Tinco García (Acting Mayor, murdered on December 14, 1988, while travelling - see II.B.8-)
Guzmán Bautista (school janitor, arrested June 28, 1988 - see II.B.7.- and disappeared)
Ceseliano Apari de la Cruz
Luis Chipana García
Victoriano Apari García
Mauro García Palomino
Samuel García Palomino (arrested, May 18, 1988, murdered and buried at Pucutuccasa, see II.B.6.)
Fidel Ipurre
Arotinco Félix Curo and
Alejandro Echaccaya Villagaray (arrested on May 18, 1988, murdered and buried at Pucutuccasa, see II.B.6).
 

        The existence of this list has been acknowledged in the Report that the Chief of the Ayacucho Political-Military Command sent to Prosecutor Jesús Granda dated November 18, 1988, and to which a copy of the anonymous letter that included that list was affixed.  The existence of the list is also acknowledged in Official Communique No. 064/S-2/BCS 34/20.00, which appears in the Report of the Office of the Army Inspector General sent by General Jaime Enrique Salinas Sedó, Acting Commandant of the II Military Region, dated May 31, 1988.  The list was published in the magazine OIGA, dated May 23, 1988. 

        3.     Testimony by Fernandina Palomino Quispe before the Special Prosecutor, on June 19, 1988, page 4.  She was the wife of Solano Ccayo Noa, who was murdered at Ccechuaypampa and was herself murdered on December 14, 1988, while on the road, see II.B.8.

        4.     First testimony given by Martha Crisóstomo before the Special Prosecutor, May 21, 1988.  Murdered on September 8, 1989 in Ayacucho, see II.9.

3.       The Deaths at the Cayara Church 

        On the morning of that May 14, the soldiers went to the church of Cayara where the festival honoring the town's patron saint, the Virgin of Fatima, was coming to an end; they ordered those inside the church to go outside, to the town square, where they were assembling a number of people.  They then proceeded to separate the women and children from five men, whom they ordered back into the church.  The women and children heard the men screaming, as if they were being tortured.  The men were kept inside the church that night.  The soldiers surrounded it and did not allow relatives and townspeople to enter or go near the church. 

        Inside the church, the soldiers killed: 

        1.        EMILIO BERROCAL CRISOSTOMO
        2.        PARTICIO CCAYAO CAHUAYMI
        3.        TEODOSIO NOA PARIONA
        4.        INDALECIO PALOMINO TUEROS and
        5.        SANTIAGO TELLO CRISOSTOMO 

        They then proceeded to move the bodies during the night.  In the days that followed, they scrubbed down the church floor with cooking oil and dirt to remove the bloodstains. 

        The bodies of the victims were later found by their relatives at Quinsahuaycco, where they were buried.  On May 30, an attempt was made to conduct an exhumation, but the graves were discovered empty; however, they still contained human hairs and pieces of human skin that, according to the tests conducted by the police, dated from the time these events occurred. 

        EVIDENCE 

        1.     Testimony of Paulina Gonzalez Cabrera de Noa before Special Prosecutor on May 21, 1988, plus her expanded statement, May 26, 1988. 

        2.     Testimony of Julia Noa Palomino before the Special Prosecutor, May 27, 1988.  

        3.     Testimony of Fabián Suarez Pariona before the Special Prosecutor, on June 11, 1988. 

        4.     Testimony of Victoriana Meza Cabrera before the Special Prosecutor, June 2, 1988. 

        5.     Exhumation proceeding conducted on May 30, 1988, by the Judge of Cangallo, Dr. César Amado Salazar, in the company of forensic physicians from Lima, Dr. Victor Maurtua and Dr. Rodolfo Díaz Cucho, and in the presence of Special Prosecutor and the witness Julia Noa González. 

        6.     Examination Report No. 02384, dated August 10, 1988, from the Peruvian Forensic Medicine Institute. 

4.       The Deaths and Disappearances at Ccechuaypampa, obstruction of proceedings and concealment 

        A number of military patrols continued on their way on the afternoon of May 14 and arrived at Ccechuaypampa, a place that is an hour and a half walk from Cayara.  There they arrested a group of campesinos who were returning from Ccechua after working on their harvests; the soldiers separated the women and children from the men and began to torture the latter mercilessly, interrogating them about the ambush that occurred the previous day.  They cut off cactus leaves and placed them on the backs of the campesinos, as the latter lie face down on the ground; they stepped on the campesinos and beat them.  The soldiers then killed them using their own work tools, axes, hammers, knives, sickles and machetes.  Those who were not killed outright, they shot.  As they killed them, they "piled them up like sheep at the foot of a molle tree" (Testimony of Fernandina Palomino).  All of this occurred in the presence of the women and children.  It should be noted that some of those tortured survived, as in the case of the minor Ciro Ccayo Huayanay.  Those who died as a result of these actions were buried in at least five graves, from which the soldiers removed their bodies.  Those killed in these actions were: 

        1.        DAVID CCAYO CAHUAYMI (62)
        2.        SOLANO CCAYO NOA (29)
        3.        JOSE CCAYO RIVERA (56)
        4.        ALEJANDRO CHOCCÑA ORE 958)
        5.        ARTEMIO GONZALEZ PALOMINO (45)
        6.        ALFONSO HUAYANAY BAUTISTA (18, student)
        7.        IGNACIO IPURRE SUAREZ (55)
        8.        EUSTAQUIO ORE PALOMINO (17, student)
        9.        ZACARIAS PALOMINO BAUTISTA (58)
        10        AURELIO PALOMINO CHOCCÑA (38)
        11.        FIDEL TEODOSIO PALOMINO SUAREZ (62)
        12.        FELIX QUISPE PALOMINO (48)
        13.        DIONISIO SUAREZ PALOMINO (42)
        14.        PRUDENCIO SULCA HUAYTA (58)
        15.        EMILIANO SULCA ORE (32)
        16.        ZOZIMO GRACIANO TAQUIRI YANQUI (940)
        17.        TEODOSIO VALENZUELA RIVERA (60)
        18.        IGNACIO TARQUI CCAYO (50)
        19.        HERMENEGILDO APARI TELLO
        20.        INDALECIO PALOMINO IPURRE
        21.        PATRICIO CCAYO PALOMINO
        22.        ILDEFONSO HINOSTROZA BAUTISTA (20)
        23.        PRUDENCIO PALOMINO CCAYO (55)
        24.        FELIX CRISOSTOMO GARCIA
 

        Among those who survived the torture were: 

        1.        CIRO CCAYO HUAYANAY
        2.        TEOFILO CRISOSTOMO GARCIA
        3.        NESTOR VALENZUELA PALOMINO 

        On the night of May 14, 1988, Valeriana Ipurre Marcatoma de Apari, who lives near Ccechuaypampa, received MAGDALENO GUTIERREZ in her home.  Gutierrez arrived complaining of a strong pain in the head, saying that they had shot him.  Together with her mother, SEGUNDINA MARCATOMA SUAREZ vda. de IPURRE, age 80, the two women dressed Gutierrez' wound, but did not turn on the light for fear of the soldiers, since both of them had seen what had happened in Ccechuaypampa.  At five or six in the morning, Army troops arrived and forced Valeria Ipurre to leave her home with her children, so that her mother and Magdaleno Gutierrez remained inside.  According to Valeria Ipurre's testimony, she sent her young son to see what was happening.  The first day he saw his grandmother and Mr. Gutierrez, but on the second day he did not see them and they have been missing ever since. 

        On May 20, 1988, the Provincial Judge of Cangallo, Dr. Simón Palomino Vargas, did an on-site inspection at Cayara and, based on what relatives had told him concerning the existence of bodies at Ccechuaypampa, attempted to reach that point; he was, however, forced to suspend the proceedings when the group heard shots from a nearby hill, whereupon the military escort told them that they must not continue any further. 

        On May 21, another attempt was made to conduct an exhumation proceeding at Ccechuaypampa but a military control at Huancapi, under the command of "Major Yauyos," did not allow the experts accompanying the Judge of Cangallo to continue, thereby thwarting the proceeding yet another time. 

        On May 25, the soldiers ordered the townspeople not to come out of their houses, loaded the bodies that were at Ccechuaypampa on horseback and took them off in the direction of Huayla.  On May 27, 1988, the Judge of Cangallo, Dr. César Carlos Amado Salazar, conducted an exhumation during the course of which five empty graves were found; the graves had the odor of bodies and the remains that were found were analyzed by forensic medical laboratories, which established that they were human remains. 

        On June 11, at the request of the Special Prosecutor, the Judge of Cangallo conducted an on-site inspection in connection with the removal of the bodies denounced by several witnesses; approximately one meter above the path in question, twisted among the plants bordering that path, strands of human hair and pieces of human skin were found, which was consistent with the witnesses statements to the effect that the bodies were taken away on pack animals. 

        EVIDENCE: 

        1.     Statement by Ciro Ccayo Huayanay  before the Special Prosecutor, May 26, 1988.

        2.     Testimony by Fernandina Palomino Quispe for the Special Prosecutor, May 19, 1988 (II.B.2, para. 3).

        3.     Testimony by Priscila Isabel García Oré before the Special Prosecutor, May 19, 1988. 

        4.     Testimony By Valeriana Ipurre Marcatoma de Apari before the Special Prosecutor, May 26, 1988. 

        5.     Expanded testimony by Paulina Gonzalez Cabrera before the Special Prosecutor, June 26, 1988 (II.B.3, para. 1). 

        6.     Testimony by Marco Antonio Taquiri Infante before the Special Prosecutor, May 26, 1988 (II.B.1, para. 4). 

        7.     Testimony of Maximiliana Noa Ccayo before the Special Prosecutor, May 26, 1988 (II.B.1, para. 5).

        8.*   Testimony of Delia Ipurre Noa before the Special Prosecutor, May 26, 1988.

        9.     Testimony of Aurora Palomino Suarez before the Special Prosecutor, June 10, 1988.

        10.   Testimony by Crescencia Sulca Palomino before the Special Prosecutor, June 10, 1988.

        11.   Testimony by Urbana Noa Suarez de González before the Special Prosecutor, June 10, 1988.

        12.   Testimony by Maura Palomino de Oré before the Special Prosecutor, June 10, 1988.

        13.   Testimony by Lucía Tello de Suarez before the Special Prosecutor, May 21, 1988. 

        14.   Testimony by Teodora Apari Marcatoma de Palomino before the Special Prosecutor, May 21, 1988.

        15.   On-site inspection report, dated May 20, 1988, performed by the Judge of Cangallo, Dr. Simón Palomino Vargas, in connection with statements by relatives concerning the existence of bodies in Ccechuaypampa, a proceeding that had to be suspended because of shots fired at the retinue from a nearby hill.

        16.    Report of the Special Prosecutor on the proceeding conducted to exhume the bodies at Ccechuaypampa which procedure was frustrated due to the obstacles imposed by military personnel on May 21, 1988 (Annex No. 6, page 9).

        17.    A proceeding to exhume and raise bodies, conducted on May 27, 1988, by the Judge of Cangallo, César Carlos Amado Salazar, at Ccechuaypampa, during which the existence of empty graves containing human remains and a strong odor of corpses were discovered.

        18.   Forensic Biology Opinion No. 1930-88, from the Central Laboratory of the Peruvian Investigating Police Bureau.

        19.   Forensic Medicine Report No. 3615/88, on the skin of the hand of Eustaquio Oré Palomino.

        20.   Forensic Biology Expert Report No. 1930-88 to determine the characteristics of the traces of blood and hair.

        21.   Forensic Medicine Report No. 4286/88, on a piece of cranium.

        22.   Examination Report No. 02384, conducted in connection with the exhumations of May 27, 1988.

        23.   The on-site inspection of the Special Prosecutor, dated June 11, 1988. 

5.       Torture in the Cayara District Council 

        On the night of May 14, 1988, soldiers took into custody INDALECIO PALOMINO DE LA CRUZ, CESAR DE LA CRUZ IPURRE, AVELINO TARQUI QUISPE, DOMITILA ESQUIVEL FERNANDEZ and BENEDICTA MARIA VALENZUELA CCAYO; the last of these was accompanied by her young child.  These people were taken to the premises of the Cayara District Council, where some 15 soldiers proceeded to torture them throughout the night, interrogating them about the ambush that occurred the previous day and about their alleged connections with subversive groups.  The torture consisted of beatings, burns and lesions caused by pliers.  Four of these people were released the following day; Indalecio Palomino was released on May 16. 

EVIDENCE 

        1.     Testimony of Indalecio Palomino de la Cruz before the Special Prosecutor, May 21, 1988 (ii.B.1, para. 2).

        2.     Testimony of Benedicta María Benedicta Valenzuela Ccayo before the Special Prosecutor, June 10, 1988.

        3.     Testimony of Fernandina Palomino Quispe before the Special Prosecutor, May 19, 1988 (II.B.2, para. 3).

        4.     Testimony of Fabían Suarez Pariona before the Special Prosecutor, June 11, 1988 (II.B.3, para. 3). 

6.       Arrests and subsequent deaths of Alejandro Echeccaya Villagaray, Samuel García Palomino and Jovita García Suarez 

        On the morning of May 18, General José Valdivia Dueñas and ordered the townspeople to assembly on the sports field, which is where the helicopters landed.  Around midday, he read aloud a list of names asking that the individuals in question turn themselves in since they were regarded as subversives.  The list coincided with the names included in the aforementioned letter that the Army had in its possession, wherein an anonymous townsperson reported the names of alleged subversives, except in the case of Dionisio Suárez Palomino and José Ccayo Rivera, who had been killed in Ccechuaypampa on May 14.  Many people told General Valdivia that the individuals named were not subversives.  At that point, none of those named by General Valdivia was found; he left in the helicopter, after having installed a permanent military garrison at the Cayara school. 

        At around 3:00 on the afternoon of May 18, an Army Patrol arrived under the command of an Army officer dressed in khaki pants, wearing a black cap, with red hair and a ruddy complexion; he would later be photographed.  The patrol went out in search of those named by General Valdivia.  On May 18, in Erusco, this patrol arrested SAMUEL GARCIA PALOMINO and JOVITA GARCIA, the first of whom was on the list.  They were placed under arrest and taken to the Erusco school, in the presence of a number of the people who lived in that vicinity.  Thirty other people were being held at the school at the time.  On May 19, ALEJANDRO ECHECCAYA VILLAGARAY was arrested; he, too, figured on the list taken from the anonymous letter. 

        On May 20, six soldiers took Jovita García to her home, where she was seen by her relative Zózima García, whom soldiers threw out of the house while they conducted a search.  They then released Jovita García but withheld her documents.  That night, the soldiers again went out in search of Jovita García, and found her at the home of her aunt, Lucía Bautista Sulca, the soldiers arrested Jovita García again and took her away together with ECHECCAYA and GARCIA PALOMINO.  When they arrived in Yarccapampa, the military patrol and the detainees spent the night at the home of a campesino by the name of Julio Torres.  Fifteen days later, the wives of the two men who had been arrested, Delfina Pariona Palmino and Juana Apari Oré, found articles of clothing and evidence of the existence of a grave on Mount Pucutuccasa.  Afraid, they returned a month later and there found the bodies. All the evidence pointed to the fact that the detainees had been executed. 

        The body of Jovita García was exhumed and identified by her sister Flavia and brother Justiniano García Suarez on August 10, 1988, in the inquiry conducted by Prosecutor Escobar.  In that same proceeding, Justiniano García identified the bodies of Alejandro Echeccaya and Samuel García Palomino;  there was also a fourth body, which could not be identified.  The Special Prosecutor obtained the fingerprints from the body of Samuel García Palomino.  Because of a lack of transportation, only the body of Jovita García was transported to the Cangallo Hospital, where an autopsy was conducted and she was identified by her niece Martha Crisóstomo García.  Senator Carlos Enrique Melgar requested another exhumation of the body of Jovita García, a proceeding that was to have been conducted on November 9, 1988;  it was never conducted, however, because the bodies disappeared from the Cangallo cemetery before the proceeding took place.  On August 19, 1988, the Special Prosecutor finally managed to conduct another proceeding to exhume the three bodies found on Mount Pucutuccasa, in the presence of the Senate Investigating Commission;  it was discovered that the three bodies had disappeared. 

EVIDENCE 

        1.   Testimony of Martha Crisóstomo García before the Special Prosecutor, May 21, 1988.

        2.   Testimony of Flavia García Suarez before the Special Prosecutor, June 23, 1988.

        3.   Testimony of Antonio Ccayo Quispe de García before the Special Prosecutor, August 19, 1988.

        4.   Testimony of Juana Apari Oré before the Special Prosecutor, August 19, 1988.

        5.   Testimony of Lucía Bautista Sulca before the Special Prosecutor, August 19, 1988.

        6.   Testimony of Zózima García before the Special Prosecutor, August 19, 1988.

        7.   Testimony of Delfina Pariona Palomino de Echeccaya before the Special Prosecutor, August 19, 1988.

        8.   Photograph of the Army officer in command of the patrol that arrested Jovita García, Alejandro Echeccaya and Samuel García Palomino.

        9.   Report of the exhumation conducted of the body of Jovita García Suárez, August 10, 1988.

        10.   Autopsy report for Jovita García, August 10, 1988.

        11.   Report of the proceeding to continue with exhumation of the bodies from the grave on Mount Pucutuccasa, August 19, 1988, wherein it is established that the bodies had disappeared.

        12.   Forensic Medicine Report No. 5228/88 on portions of the heart, lungs and skin from the body of Jovita García.

        13.   Forensic Medicine Report No. 5191/88 on fragments from the cranium of Jovita García.

        14.   Ballistics report No. 2901/88 on the two shells found on August 10, 1988, during the exhumation conducted on Mount Pucutuccasa.

        15.   Forensic biology report No. 2569/88.

        16.   Forensic biologic report No. 2493/88, done on the bloodstains on a hat and on stones.

        17.   Forensic biology report No. 2522/88, done on fragments of bone, two large leaves and hair.

        18.   Anatomical pathological study No. 200-88, on portions of the body of Jovita García. 

7.          Disappearance of Guzmán Bautista Palomino, Gregorio Ipurre Ramos, Humberto Ipurre Bautista, Benigna Palomino de Ipurre and Catalina Ramos Palomino 

        On the night of June 29, 1988, uniformed Army soldiers arrested GUZMAN BAUTISTA PALOMINO, GREGORIO IPURRE RAMOS, HUMBERTO IPURRE BAUTISTA, BENIGNA PALMINO DE IPURRE and CATALINA RAMOS PALOMINO in their homes in Cayara, and took them via Army truck to the garrison that had been set up in Cayara.  The first two were on the list of names read by General Valdivia, taken from the anonymous letter.  They were also key witnesses to the events that occurred in Cayara and had made statements in the presence of Prosecutor Escobar, the Senate Investigating Committee and the Peruvian press.  The last three of these individuals were the father, mother and sister of Gregorio Ipurre Ramos, respectively.  In the early morning hours, the detainees were put in an Army truck that headed out in the direction of the Huancapi Military Base.  To date, the five individuals named here are still listed as arrested-disappeared. 

        EVIDENCE 

        1.     Investigations No. 476 and No. 477 by the Special Prosecutor into complaints filed by relatives concerning disappearances.

        2.   Testimony by relatives of the disappeared to members of Americas Watch, published in Tolerating Abuses, Violations of Human Rights in Peru, an Americas Watch Report, October 1988, pp. 49-50.

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