Inter-American Court of Human Rights
Case of Baldeón-García v. Perú
Judgment of April 6, 2006
(Merits, Reparations, and Costs)
In the Case of Baldeón-García,
the Inter-American Court of Human Rights (hereinafter “the Inter-American Court”,
or “the Court”), composed of the following judges:
Sergio García-Ramírez, President;
Alirio Abreu-Burelli, Vice-President;
Oliver Jackman, Judge;
Antônio A. Cançado Trindade, Judge;
Cecilia Medina-Quiroga, Judge;
Manuel E. Ventura-Robles, Judge; and
Diego García-Sayán, Judge.
Also present,
Pablo Saavedra-Alessandri, Secretary**,
Pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”) and Articles 29, 31,
53(2), 55, 56 and 58 of the Rules of Procedure of the Court (hereinafter “the Rules
of Procedure”), delivers the following Judgment.
I
INTRODUCTION TO THE CASE
1.
On February 11, 2005, pursuant to Articles 50 and 61 of the American
Convention, the Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”) filed before the Court an
application against the State of Peru (hereinafter “the State” or “Peru”), originated in
Petition number 11,767, received by the Secretariat of the Commission on May 24,
1997. In its Petition, the Commission requested the Court to declare that the State
violated the rights protected in Article 4 (Right to Life), Article 5 (Right to Humane
Treatment) and Article 7 (Right to Personal Liberty) of the American Convention, in
relation to Article 1(1) (Obligation to Respect Rights) of the same, in detriment of
Bernabé Baldeón-García. Furthermore, the Commission requested the Court to
declare the State’s responsibility for the violation of Article 5 (Right to Humane
Treatment), Article 8 (Right to a Fair Trial) and Article 25 (Judicial Protection) of the
American Convention, in relation to Article 1(1) (Obligation to respect Rights) of the
same, in detriment of the next of kin of the alleged victim, to wit: Guadalupe
Yllaconza-Ramirez de Baldeón (wife) and Crispín, Fidela, Roberto, Segundina,
**
The Deputy Secretary of the Court, Emilia Segares-Rodríguez, informed the Court that due to
reasons beyond her control, she could not be present for the deliberation regarding this Judgment.