50
c)
d)
to:
iii.
the Court must equitably determine the compensation for the
actual and consequential damage sustained.
as regards non pecuniary damage
i.
the next of kin of Mr. Baldeón-García “have been victims of
severe psychological suffering, anguish, uncertainty, sorrow [and] life
alterations due to the denial of justice for the death of their loved
one;” and
ii.
the suffering endured by the next of kin of Mr. Baldeón-García,
“due to his arrest, physical mistreatment and execution, and the lack
of a diligent investigation of the events and an appropriate punishment
of the perpetrators, among other grievances, justifies that” the Court
“should equitably determine the compensation for the non pecuniary
damage sustained.”
as regards other types of reparations, the Court must order the State
i.
“diligently investigate the facts to identify, prosecute and punish
the perpetrators of the arrest, cruel, inhumane and degrading
treatment, and execution of Bernabé Baldeón-García,” allowing “(t)he
victim´s next of kin to have full access and to participate in all stages
and instances of said investigation.” The investigations must be
concluded within a reasonable time. The Commission considers that
the State has accepted the claim;
ii.
disclose to the public the results of proceedings to allow the
Peruvian community to know the truth;
iii.
publish the judgment of the Court in nation-wide circulation
media;
iv.
name a street, park or school of the Pucapaccana community in
the memory of Bernabé Baldeón-García;
v.
with the approval of the next of kin of the victim, offer a
significant and honorable public acknowledgment and apology, in the
presence of high-ranking officers;
vi.
adapt its forensic procedures to comply with internationally
accepted standards and best practices;
vii.
adopt as a priority a policy to protect peasants from abuses by
public authorities and state security forces, while decentralizing –as a
matter of public policy– the fight against impunity;
viii.
promote the conditions necessary for Mrs. Guadalupe YllaconzaRamírez to be able to return to Puccapaccana, at her discretion; and
ix.
offer rehabilitation measures to the next of kin of Mr. BaldeónGarcía, which must include psychological, occupational and medical
rehabilitation.
e)
as regards costs and expenses, the Commission stated that the Court
should order the State to pay the costs and expenses actually incurred taking
into account the nature of the instant case.
Argument of the representatives
171.
As regards reparations, the representatives stated that:
a)
the beneficiaries of the reparations are Guadalupe Yllaconza-Ramírez
de Baldeón (wife of the victim); Crispín, Fidela, Roberto, Segundina,
Miguelita, Perseveranda, Vicente and Sabina, all of them members of the
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