IACHR Submits Case to Inter-American Court Concerning Rights Violations in Paternity Proceeding in Peru

January 29, 2025

Washington, DC—On January 20, 2025, the Inter-American Commission on Human Rights (IACHR) filed Case 12.815 against Peru with the Inter-American Court of Human Rights (IA Court). The case concerns violations of rights in a judicial process to determine the paternity of the child Simeón Miguel Caballero Denegri.

In 1997, Andrea Victoria Denegri initiated legal proceedings on behalf of her son, Simeón Miguel Caballero Bustamente, to establish that Simeón Caballero Bustamante, who died in 1991, was his biological father. As part of this process, she sought precautionary measures to preserve the remains of the alleged father for DNA testing, including a prohibition on the cremation or removal of his body. Although these measures were initially granted by the First Family Court of Lima, they were later overturned by the Sixth Civil Family Court, citing a lack of evidence that Simeón Caballero Bustamante's remains were at risk of destruction or removal. This reversal allowed his remains to be cremated, effectively precluding DNA testing.

In the absence of this genetic evidence, the court attempted a comparative analysis involving the child, his mother, and the alleged father's heirs, who failed to participate. In 2001, the First Family Court ruled in favor of Simeón, in light of the best interests of the child, the available evidence, and the conduct of the defendants. This ruling was upheld by the Specialized Family Court. However, in 2002, the Supreme Court overturned the ruling, citing insufficient conclusive evidence, leaving Simeón with no legal recognition of his biological relationship with his father.

In Merits Report No. 284/22, the IACHR concluded that the Sixth Civil Family Court of the Superior Court of Justice of Lima's decision to revoke the precautionary measures protecting critical evidence ignored the child's best interests. The court focused on procedural matters, such as the failure to pay a financial guarantee, without addressing the adverse impact on Simeón's rights. This decision compromised his rights to identity, name, family, and private life.

The revocation of the precautionary measures prevented the biological relationship between the child and the deceased from being confirmed, rendering the judicial process a meaningless formality. The lack of access to genetic testing—the only definitive evidence of paternity—prevented a decision from being reached, thus making the process ineffective. The court's decision failed to respect minimum guarantees of justice by not adequately considering the petitioner's arguments or the risks in question, thus further aggravating the violations of Simeón's rights.

The IACHR determined that the Peruvian State violated Simeón Miguel Caballero Denegri's rights and those of his mother, Andrea Victoria Denegri Espinoza. These violations include the rights to a name, family protection, and private and family life under articles 11.2, 17, 18, and 19 of the American Convention on Human Rights, in conjunction with article 1.1. The State also violated the rights to judicial guarantees and judicial protection under articles 8 and 25 of the American Convention.

Consequently, the IACHR requested that the IA Court mandate the following reparations:

1. Provide full reparation for the human rights violations identified in the report, including economic compensation and measures of satisfaction.
2. Ensure that legal proceedings related to the recognition of paternal-filial relationships for children and adolescents align with international standards, prioritizing their best interests, exceptional diligence, and expediency.
3. Implement ongoing training programs for judicial authorities on the rights of children and adolescents.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 027/25

11:00 AM