of the public prosecutor, accessible through no more than three links from the home page, to
remain in place until the orders given in this judgment have been fully met.
465. While the State initially expressed no objections to this measure, in its final written
arguments it rejected each and every one of the representatives’ claims for reparations.
Considerations of the Court
466. As it has done in other cases, the Court holds499 that the State must publish, within six
months of notification of this judgment: (a) the official summary of this judgment prepared by
the Court, once, in the official gazette; (b) the official summary of this judgment prepared by
the Court, once, in a national newspaper with widespread circulation, and (c) this judgment in
its entirety, available for one year on an official national website accessible to the public.
C.3.
Requested guarantees of nonrepetition
Arguments of the parties and of the Commission
467. The Commission emphasized the need for the State to adopt any measures necessary
to prevent incidents similar to those in the instant case from occurring in the future. In
particular, the Commission asked the Court to order Peru to implement ongoing human rights
programs in armed forces and national police training academies and carry out awarenessraising programs for active-duty military.
468. The representatives asked the Court to order the State to adopt or amend suitable
protocols for investigating violations involving the right to life and the right to personal
integrity, and to adopt appropriate protocols limiting the use of force by security personnel, to
be compatible with the standards provided in international law. Similarly, they noted that
Legislative Decree 1095 had been enacted in 2010, regulating the use of force by the military,
but it did not meet the standards that this Court has established on the use of force and
firearms and was currently facing a constitutional challenge.
469. The State explained that the Forensic Institute has been working under protocols that
are compatible with the United Nations Manual on the Effective Prevention and Investigation
of Extra-legal, Arbitrary and Summary Executions. Moreover, with respect to the challenges to
Legislative Decree 1095, the State noted that this legal standard marks a significant step
forward by the State to create a legal framework consistent with the standards set by the
Court on the use of force by the military throughout the country. The State pointed out,
nonetheless, that it was “fully aware of the challenges facing this standard, which were under
review by the Constitutional Court after a constitutional motion was lodged by 6430 citizens.”
The State added in its final written arguments that it rejected each and every one of the
representatives’ claims for reparations.
Considerations of the Court
470. This Court has previously held that the State has the duty to adapt its domestic laws
and to “see that its security forces, which are entitled to use legitimate force, respect the right
of life of the people under their jurisdiction.” 500. The State must establish precise internal
Cf. Case of Cantoral Benavides v. Peru. Reparations and Costs, supra, para. 79, and Case of Espinoza
Gonzáles v. Peru, supra, para. 318.
499
Case of Montero Aranguren et al. (Detention Center of Catia) v. Venezuela, supra, para. 66, and Case of
Landaeta Mejías Brothers et al. v. Venezuela, supra, para. 126.
500
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