4
State’s obligation to report to the Court on the exact manner in which it is complying with
each of the aspects ordered by the latter is essential to evaluate the whole status of
compliance in this case.
*
*
*
8.
That as to the obligation to adopt all measures to identify, prosecute and, if
applicable, punish all the physical perpetrators and instigators of the violations committed
against Mr. Bernabé Baldeón-García, the State informed that such obligation “is pending
compliance”.
9.
That, regarding this aspect, the representatives pointed out that “in spite of the
beginning of the criminal procedure and the identification of the alleged responsible for the
human rights violations committed against Bernabé Baldeón-García, two years have passed
since the criminal procedure began and the accused had not been detained yet, which
represents a serious hindrance to comply with the State's obligation to prosecute and
punish the responsible according to the Judgment delivered by the Court in the instant
case".
10.
That, in such regard, the Commission emphasized that “the State is required to
provide useful information on the compliance with the obligation to investigate, prosecute
and punish the responsible [and that] relevant information shall be such that reflects
specific and effective results pursuant to the obligation established by the Tribunal [...]".
11.
That this Tribunal notes that in the Judgment, the Court consider proven the
following facts: a) that Mr. Bernabé Baldeón-García was arrested by military officers without
a warrant issued by a competent judge and not in flagrante delicto;6 b) that during his
arrest, he was beaten, tied up with a wire and hung upside down from a beam and then
submerged in a tank of cold water;7 c) that he died in the early morning of September 26,
1990 in Pacchahuallua while in military custody,8 and d) up to the date of this judgment,
only two persons have been indicted and none has been punished for the events giving rise
to this case9.
12.
That the information presented by the representatives suggests that no significant
progress has been made in the investigations into said facts since the delivery of the
judgment, inasmuch as the only two accused people have not been detained yet.10 The
foregoing means that after 18 years of the occurrence of such events, the violations so
declared in the case at hand are still in the same condition of impunity that they were at the
moment of the delivery of the Judgment, three years ago.11
6
Cf. Case of Baldeón García v. Perú. Merits, Reparations, and Costs. Judgment of April 6, 2006; Series C
No. 147, para. 58, 72(17) and 122.
7
Cf. Case of Baldeón García, supra nota 6, párr. 72(20) and 123.
8
Cf. Case of Baldeón García, supra nota 6, para. 72(21)
9
Cf. Case of Baldeón García, supra nota 6, para. 72(37)
10
Cf. Case of Baldeón García, supra nota 6, para. 72(36)
11
Cf. Case of Baldeón García, supra note 6, para. 165 and 195.