20 de September de 2013 Press Release

Inter-American Court declares Peru’s failure to comply with decision on the forced disappearance of Kenneth Anzualdo

The Inter-American Court of Human Rights has established Peru’s failure to comply with the sentence issued on a case addressing the forced disappearance of the 25 year old student Kenneth Anzualdo in 1993. The sentence, emitted on September 22, 2009, established the responsibility of the State for the forced disappearance of Anzualdo as well as for the violation of the right to personal integrity, access to justice, and to a fair trial of his family members. In a Resolution published on September 13, the Inter-American Court evidenced the lack of actions taken by the State to discover the truth, find the body of the victim and to provide comprehensive compensation for the damage caused to his family.

Almost four years after the issuing of the sentence, the Court confirms that the only reparation measure which has been fully complied with by the nation is the act of public recognition. This act, which the Court ordered to take place within the first six months following the emission of the sentence, took place on July 23 of the current year.

The Court also highlighted the absence of concrete advances in the investigation and sanctioning of those responsible, as well as the lack of progress in the search for and localization of Kenneth Anzualdo and his mortal remains. Furthermore, the overwhelming importance of Kenneth’s family receiving the ordered reparations and personalized medical attention in line with their needs was reiterated. Finally, the Court insisted that measures to honor the memory of Kenneth Anzualdo were carried out, such as the publication of the sentence in a national newspaper and the placement of a plaque in the Memorial Museum.

Despite the Court requiring information from the Peruvian State During at various different points during the process of supervision of the sentence, the State only provided necessary information on one occasion. As such, the Court ordered that Peru present a detailed report before 30 October 2013, asserting that “the States Parties to the Convention must ensure compliance with its provisions and their inherent effects (…) within their respective domestic legal systems”, and that they must inform the Court about the measures adopted for fulfillment of the terms of judgments.

Viviana Krsticevic, Executive Director of CEJIL, states that “This resolution serves to show that Peru must strengthen its efforts to punish gross human rights violations committed during the internal conflict”. Both CEJIL and APRODEH hope that the State takes urgent measures to implement all aspects of the sentence, in accordance with its international obligations.

Contact in Washington DC

Francisco Quintana

Director of the Program for the Andean Region, North America and the Caribbean

Email: [email protected]

Tel: (1) 202 319 3000

Contact en Peru

Gloria Cano

Executive Director of Association Pro Derechos Humanos

Email: [email protected]

Tel: +51-1-424-7057