Hermanos Gómez PaquiyauriCase
The facts of the case relate to the arbitrary arrest, torture and extrajudicial execution of brothers Emilio Moisés and Rafael Samuel Gómez Paquiyauri, 14 and 17 years old, respectively, on June 21, 1991 by National Police officers. These acts took place as part of an operation that was searching for people involved in alleged terrorist attacks, as part of a plan known as “Cerco Noventiuno.”
These events occurred in the context of conflict between armed groups and military and police officers, which took place in Peru during the 80s and towards the end of 2000. This conflict was exacerbated by a systematic practice of human rights violations, among them extrajudicial executions and forced disappearances of people suspected of belonging to opposition political groups, which were carried out by State agents following orders of police and military leaders.
The IA Court highlighted the framework of impunity associated with the case, as a consequence of which the perpetrators of the lowest rank in the Peruvian National Police were prosecuted and convicted, at the same time that the actual mastermind or masterminds were not prosecuted and only one has been allegedly identified.
The IA Court emphasized that, given that the victims were children, the events are marked by a particular gravity. In this regard, the State’s obligation to respect the right to life of every person under its jurisdiction presents special conditions in the case of minors and becomes an obligation to prevent situations that could lead, whether by act or omission, to its infringement.
- Presentation to the IACommission
- Jul 2, 1991
- Submission to the IACourt
- Feb 5, 2002
- IACourt / Judgment: rights violated
ACHR 1.1, 4.1 1.1, 7 1.1, 5 1.1, 8, 25 1.1, 19 1.1, 11
- IACourt / Judgment: rights non-violated
- Deprivation of liberty
- Extrajudicial execution
- Torture and cruel, inhuman or degrading treatment
- Court documents
- Documentos de la comisión