Case of Miguel Castro Castro Prison vs. Peru (Judgment)

"The Inter-American Commission brought a lawsuit before the Court against the State of Peru (hereinafter 'the State' or 'Peru'). This lawsuit originated in complaints No. 11.015 and 11.769, received by the Commission's Secretariat on May 18, 1992 and June 5, 1997, respectively. The Commission filed the lawsuit so that the Court would declare that the State is responsible for the violation of the rights enshrined in Articles 4 (Right to Life) and 5 (Right to Personal Integrity) of the American Convention, in relation to the obligation established in Article 1.1 (Obligation to Respect Rights) of the same, to the detriment of 'at least 42' inmates who died; the violation of Article 5 (Right to Personal Integrity) of the Convention, in relation to the obligation established in Article 1.1 (Obligation to Respect Rights) of the Convention, to the detriment of 'at least 175' inmates who were injured and of 322 inmates 'who, having escaped unharmed, were [allegedly] subjected to cruel, inhuman, and degrading treatment'; and for the violation of Articles 8.1 (Judicial Guarantees) and 25 (Judicial Protection) of the Convention, in relation to the obligation established in Article 1.1 (Obligation to Respect Rights) of the same, to the detriment of 'the [alleged] victims and their families.' The events described by the Commission in the lawsuit are said to have occurred from May 6, 1992 onward and refer to the execution of 'Operativo Mudanza 1' within the Penal Miguel Castro Castro, during which the State allegedly caused the death of at least 42 inmates, injured 175 inmates, and subjected another 322 inmates to cruel, inhuman, and degrading treatment. The events also refer to the alleged cruel, inhuman, and degrading treatment experienced by the alleged victims following 'Operativo Mudanza.'"