58
identify, prosecute and punish the physical perpetrators and instigators of the
violations committed against Mr. Bernabé Baldeón-García for the purpose of criminal
proceedings and any other purpose resulting from the investigation of the events.
The next of kin of the victim or his representatives shall have full access to and
participate in all stages and instances of the domestic criminal proceedings initiated
in relation to the instant case, in accordance with domestic laws and the American
Convention. The findings in such proceedings shall be publicly disseminated by the
State in such manner as to enable the Peruvian society to know the truth regarding
the facts of the instant case.
200. The aforementioned proceedings shall also be conducted in accordance with
international standards for documentation and construction of forensic evidence
proving the commission of torture and other cruel, inhuman or degrading treatment
or punishment (“the Istanbul Protocol”).115
201. Furthermore, as repeatedly indicated in the Court's precedents116 no domestic
law or provision –including statutes of limitations and amnesty laws– may prevent a
State from fulfilling the Court’s order to investigate and punish those responsible for
human right violations. In particular, amnesty laws, the statute of limitations and
rules on limitations of liability aimed at hindering the investigation and punishment
of those responsible for serious human rights violations are inadmissible since they
affect irrevocable rights protected under International Human Rights Law.
202. To fulfill the purpose of proceedings, the actual inequality status of those who
are brought before the courts must be taken into account. Thus, the principle of
equality before the law and the courts117 and the related prohibition against
discrimination shall apply. Said inequality conditions call for the adoption of
redressing measures that help reduce or eliminate the obstacles and deficiencies that
hinder or reduce the effective protection of individual interests. If these redressing
measures, widely recognized at various stages of proceedings, were not available, it
would be difficult to sustain that those who suffer disadvantages truly enjoy the right
to fair trial and due process of law on an equitable basis compared to those who are
not affected by said disadvantages.118
203. The Court finds that the next of kin of Mr. Bernabé Baldeón-García are
members of a Quechua-speaking rural community. Based on the foregoing, the State
115
Cf. U.N.O., United Nations High Commissioner for Human Rights, Geneva, 2001, available at:
www.unhchr.ch/pdf/8istprot_spa.pdf.
116
Case of Blanco-Romero et al., supra note 7, para.Case of Gómez-Palomino, supra note 1, para.
and Case of the “Mapiripán Massacre”, supra note 1, para.304.
117
Cf. The Right to Information on Consular Assistance. In the Framework of the Guarantees of the
due Process of Law. Advisory Opinion OC-16/99 of October 1, 1999. Series A No. 16, para. 119, quoting
the American Declaration, art. II and XVIII; Universal Declaration, arts. 7 and 10; International Covenant
on Civil and Political Rights, arts. 2(1), 3 and 26; Declaration on the Elimination of Discrimination against
Women, arts. 2 and 15; International Convention on the Elimination of All Forms of Racial Discrimination,
arts. 2,5 and 7; African Charter of Human and Peoples' Rights, arts. 2 and 3; American Convention, arts.
1, 8(2) and 24; Covenant on the Protection of Human Rights and Fundamental Freedoms, art. 14.
118
Cf. El Derecho a la Información sobre la Asistencia Consular en el Marco de las Garantías del
Debido Proceso Legal, supra note 117, para. 119.
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