The Inter-American Court on Human Rights must guarantee the right to life of persons hors de combat even in the case of Chavín de Huántar

San José, Tuesday, February 4, 2014. Tuesday concluded the second day of the hearing on the Case of Nicolás Cruz Sánchez et al. v. Peru. CEJIL and the Asociación Pro Derechos Humanos (APRODEH) from Peru appeared before the Inter-American Court on Human Rights (IA Court) to establish the State’s international responsibility for the extrajudicial executions of Eduardo Nicolás Cruz Sánchez, Herma Luz Meléndez Cueva and Víctor Salomón Peceros Pedraza. The victims were former members of the Revolutionary Movement Túpac Amaru (MRTA) who were executed after the Chavín de Huántar military operation.

Viviana Krsticevic, CEJIL’s director, stated that, “the submission of this case before the Court does not intend to question the State’s right and obligation in adopting measures for the hostages’ rescue, which may include the use of force, as long as the human rights of the persons involved are respected.” Likewise, this case does not question Operation Chavín de Huántar as a whole, since it allowed the liberation of the hostages. The submission of this case is limited to request the establishment of the State’s international responsibility for the three victims’ executions, former MRTA members, who had deposed their weapons once the military operation was concluded.

At the beginning of the hearing, the president of the IA Court, Humberto Sierra Porto, emphasized that the tribunal’s competence is not to establish individual responsibilities, which fall under the jurisdiction of internal criminal courts, but to establish the State’s international responsibility when it is appropriate.

On the other hand, the president of the Inter-American Commission on Human Rights stated that the Commission calls attention to the importance of protecting human rights and humanitarian law principles accepted by the international community, as minimums that set limitations to the use of force. He also emphasized that the case presents in effect, the most basic guarantees from which every person is subject to, including combatants.

Gloria Cano, APRODEH’s Executive Director, stated that, “we do not question, actually, we regret the suffering to which the hostages were exposed to, who are represented in this hearing by Judge Hugo Sivina Hurtado and remained kidnapped by armed persons acting outside the margin of the law.”

The representatives present evidence that demonstrates, without any doubt, that Víctor Peceros Pedraza, Herma Luz Meléndez Cueva and Eduardo Nicolás Cruz Sánchez were captured alive and executed after they deposed their weapons. In addition, they demonstrate that these serious acts remain in impunity.

The victims’ representatives call this case to the IA Court’s attention, since it brings the opportunity to develop its jurisprudence related to the protection of people who are in an emergency situation or armed conflict where the State sees the necessity to use lethal force.

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