57
newspaper, the chapter on the proven facts of this Judgment, without the
corresponding footnotes, and the operative paragraphs. Said publication shall be
made within six months following notice of this Judgment.
b)
Obligation to investigate the events that resulted in violations in the instant
case, and to identify, prosecute and punish the guilty
195. The Court determined that the impunity for the events of the instant case still
exists after 15 years of their occurrence. The Court has defined impunity as the
overall failure to investigate, arrest, prosecute and convict those responsible for
violations of the rights protected under the American Convention.111 The State is
obliged to fight said situation by resorting to all available means, as impunity fosters
the chronic repetition of human rights violations and renders victims and their
relatives completely defenseless.112
196. Furthermore, the next of kin of the victims of serious human rights violations
are entitled to know the truth. When this right to know the truth is recognized and
exercised in a specific situation, it constitutes a relevant means to provide reparation
to the victim and his next of kin, and gives rise to expectations that must be fulfilled
by the State. Moreover, knowing the truth makes it easier for the Peruvian
community to seek ways to prevent this type of violations in the future.113 In this
sense, the Court considers as a preliminary reparation, the efforts made by the CVR
to clarify the events of the instant case (supra para. 167).
197. Therefore, the next of kin of the victims are entitled, -and States are obliged-,
to have an effective investigation of the events carried out by State authorities, to
prosecute the alleged perpetrators of the wrongful acts and, if applicable, to impose
the appropriate punishment.114
198. On that matter, upon acknowledging its international liability in the instant
case, Peru stated that “the [Peruvian] Office of the Attorney General is not limited by
amnesty laws or the statute of limitations to investigate and prosecute those
suspected from having committed offenses that violate human rights,” and pointed
out that “that applies to the instant case.” Moreover, Peru requested the Court to
take into account, upon entering judgment, that “the Peruvian State currently has a
regulatory and institutional framework that allows for the investigation and
prosecution of the alleged perpetrators of human right violations, including the
investigation carried out by the Office of the Attorney General Office for the acts
committed in the instant case.”
199. Based on the statements made by the State, this Court considers that, within
a reasonable time, the State must seriously adopt any necessary measures to
111
Cf. Case of Blanco - Romero et al., supra note 7, para. 94; Case of Gómez-Palomino, supra note
1, para. 76; and Case of the “Mapiripán Massacre”, supra note 1, para. 237.
112
Cf. Case of the Pueblo Bello Massacre, supra note 6, para. 266; Case of Blanco-Romero et al.,
supra note 7, para. 94; Case of Gómez-Palomino, supra note 1, para. 76.
113
Cf. Case of the Pueblo Bello Massacre, supra note 6, para. 219; Case of Blanco-Romero et al.,
supra note 7, para. 95; Case of Góme- Palomino, supra note 1, para. 78.
114
Cf. Case of the Pueblo Bello Massacre, supra note 6, para. 219; Case of Blanco-Romero et al.,
supra note 7, para. 62 and 96; Case of Gómez-Palomino, supra note 1, para. 79.
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