40
*
*
*
130. Based on the foregoing, the Court considers that the State violated, to the
detriment of Guadalupe Yllaconza, Crispín, Fidela, Roberto, Segundina, Miguelita,
Perseveranda, Vicente and Sabina Baldeón-Yllaconza, the right to humane treatment
enshrined in Article 5(1) of the American Convention, in relation to Article 1(1)
thereof.
X
ARTICLES 8 AND 25 OF THE AMERICAN CONVENTION
(RIGHT TO A FAIR TRIAL AND RIGHT TO JUDICIAL PROTECTION)
IN RELATION TO ARTICLE 1(1) THEREOF
AND ARTICLES 1, 6, AND 8 OF THE INTER-AMERICAN CONVENTION
TO PREVENT AND PUNISH TORTURE
Argument of the Commission
131. With respect to the alleged violation of Articles 8 and 25 of the Convention, to
the detriment of Mr. Bernabé Baldeón-García’s next of kin, the Inter-American
Commission alleged that:
a)
in the instant case “the neglect shown by the Peruvian judicial
authorities, which contributed to the cover-up of those responsible for the
events” has been duly established;
b)
the obligation to investigate and punish all acts that entail a violation
of the rights protected by the Convention requires the punishment of not only
the actual perpetrators but also the masterminds of human rights violations;
c)
the State “failed to adequately investigate the circumstances
surrounding the events from the beginning;”
d)
Mr. Bernabé Baldeón-García’s next of kin “have informed the notitia
criminis to different authorities by filing several complaints” since 1990. Such
complaints “were never adequately processed;”
e)
when in July 2000, the victim’s family, “tired of waiting for results,
filed a new complaint with the Fiscalía Provincial de Vilcashuamán
(Vilcashuamán Province General Attorney’s Office), an investigation was
undertaken which […] has not been completed due to lack of collaboration on
the part of the State regarding the identity of the soldiers that were part of
the troop that committed the [alleged] human rights violations against” Mr.
Bernabé Baldeón-García;
f)
this last investigation proceeding “was suspended on December 26,
2001, when the Fiscalía Provincial de Vilcashuamán (Vilcashuamán Province
General Attorney’s Office) issued Resolution No.
030-2001, stating the
impossibility to find information on the real name of Lieutenant EP J. Morán
[…]; and was not reopened when, in 2003, the possible identity of the
perpetrators was determined;”
g)
the preliminary investigations were aimed at establishing whether the
victim had any connections with the subversive group operating in the region;
h)
when the State allows investigations “to be conducted by authorities
that are potentially involved, […] independence and impartiality are clearly
compromised;”
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