ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 27, 2003
CASE: CASTILLO PÁEZ*
V. PERU
COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The Judgment on the merits delivered by the Inter-American Court of Human
Rights (hereinafter “the Inter-American Court” or “the Court”) in the Case Castillo
Páez v. Peru of November 3, 1997 wherein it ruled:
1.
That the State of Peru violated, to the detriment of Ernesto Rafael Castillo Páez,
the right to personal liberty recognized in Article 7 of the American Convention on
Human Rights, in relation to Article 1 (1) of said Convention.
[…]
2.
That the State of Peru violated, to the detriment of Ernesto Rafael Castillo Páez,
the right to personal integrity recognized in Article 5 of the American Convention on
Human Rights, in relation to Article 1 (1) of said Convention.
[…]
3.
That the State of Peru violated, to the detriment of Ernesto Rafael Castillo Páez,
the right to life enshrined in Article 4 of the American Convention on Human Rights in
relation to Article 1 (1) of said Convention.
[…]
4.
That the State of Peru violated, to the detriment of Ernesto Rafael Castillo Páez
and his next of kin, the right to effective recourse to competent domestic courts or
judges established in Article 25 of the American Convention, in relation to Article 1 (1) of
said Convention.
[…]
5.
That the State of Peru is under obligation to take action in order to repair the
consequences of said violations and indemnify the next of kin of the victim, and to
reimburse them for the expenses incurred as a result of their action before the Peruvian
authorities as a result of this process, the appropriate proceedings for this purpose
having already begun.
Complementary to
considerations, that,
stating
said
violations,
the
Court
stated,
among
its
[…] the State of Peru is under obligation to investigate the facts resulting in these
violations. Even assuming that internal difficulties prevented the identification of those
responsible for crimes of this type, the right continues to exist for next of kin to learn
what the fate of the victim was and, if so, to learn where his/her mortal remains lie
(underlining not in the original.)1
2.
The Judgment on reparations of November 27, 1998, delivered by the Court
in the instant case, in which it ruled to:
1.
Establish US$ 245,021.80 (two hundred forty-five thousand and twenty-one US
dollars plus eighty cents) or its equivalent amount in domestic currency, as the amount
*
Judge Salgado Pesantes notified the Court that, for reasons of force majeure, he was unable to
participate in the discussion, ruling, and signing of this Order.
1
Castillo Páez Case. Judgment of November 3, 1997. Series C 34, paragraph 90.