This is one of the many cases stemming from the Peruvian government’s fight, during the 1980s and 1990s, against the guerilla organization Sendero Luminoso. In this case, Peruvian authorities arbitrarily arrested and incarcerated Mr. Nolberto Durand Ugarte and his uncle, Mr. Gabriel Pablo Ugarte Rivera in the El Frontón Island prison off the Peruvian coast. Mr. Durand Ugarte and Mr. Ugarte Rivera were both killed during a prison riot by use of excessive force by Peruvian armed forces. The remains of one of the two victims were found eighteen years later, after the Court issued its judgment, and those of the second victim are still missing.
Durand and Ugarte v. Peru,
36 Loy. L.A. Int'l & Comp. L. Rev. 173
Available at: http://digitalcommons.lmu.edu/ilr/vol36/iss1/7