Extrajudicial executions during a demonstration in Peru

Facts

The authors of the communication are A. G. Mendoza and J. G. Julca, two Peruvian citizens acting, respectively, on behalf of the brother of Mr. Mendoza, Emiliano García Mendoza, and the husband of Ms. Julca, Rubén Pariona Camposano, both of whom died during a demonstration in 2008. During a nationwide agrarian strike, Mr. García Mendoza and Mr. Pariona Camposano, along with around 700 others, took part in a demonstration in Huamanga, during which they reached a point where 12 police officers were stationed to keep order. The police officer in charge threw a tear-gas canister into the crowd to disperse it. When the demonstrators dispersed, two shots were heard and Mr. García Mendoza and Mr. Pariona Camposano died instantly. The authors claim that, since the use of force by police personnel was neither necessary nor proportional, which means that their actions were unlawful, both deaths were arbitrary and thus there has been a violation of article 6 (1) of the Covenant, read alone and in conjunction with article 2 (3). As both homicides have gone entirely unpunished, the authors claim that there has also been a violation of article 6 of the Covenant read in conjunction with article 2 (3). Lastly, the authors claim a violation of the right of peaceful assembly protected under article 21 of the Covenant. The authors assert that the action taken by the police against the demonstrators was disproportionate and unnecessary.

Admissibility

The State party argues that the authors did not apply for the constitutional remedy of amparo with respect to either the judgment at first instance or the appellate judgment upholding it, both of which acquitted the accused. The Committee considers that an amparo remedy would not have been effective in the specific circumstances of the present case and the Committee declares admissible the authors’ complaints under article 6 of the Covenant, read alone and in conjunction with article 2 (3), and article 21.

Merits

The Committee considers that the investigations conducted do not appear to have been exhaustive and were ineffective in identifying those responsible for the deaths of Mr. García Mendoza and Mr. Pariona Camposano, and concludes that the facts before it disclose a violation of article 6, read alone and in conjunction with article 2 (3) of the Covenant. It is also of the view that the use of force failed to meet the requirements of necessity and proportionality and, therefore, amount to a violation of the right of Mr. García Mendoza and Mr. Pariona Camposano to peaceful assembly established under article 21 of the Covenant.

Recommendations

The State party should, inter alia,

• (a) conduct a thorough and effective investigation into the events leading to the deaths of Mr. García Mendoza and Mr. Pariona Camposano and, if liability is established, impose criminal and administrative penalties on all persons responsible; and
• (b) provide adequate compensation to the authors for the harm they have suffered. The State party is also under an obligation to take steps to prevent similar violations from occurring in the future.

Implementation

Deadline: 14 October 2022

More info on the case:

United Nations Human Rights - Peru: Death of demonstrators violated rights to life and peaceful assembly, UN Human Rights Committee finds

Diario Correo - A cuatro años de la muerte de campesinos

Swiss Info - Comité ONU emite dictamen contra Perú por muerte de dos manifestantes en 2008

Pressenza International Press Agency - Sentencian al Perú por ejecuciones en manifestaciones agrarias de 2008

By: Irene Aparicio