Inter-American Court of Human Rights
Case of the Gómez-Paquiyauri Brothers v. Peru
Judgment of July 8, 2004
(Merits, Reparations and Costs)

In the case of the Gómez Paquiyauri brothers,
the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or
“the Court”), composed of the following judges*:
Sergio García Ramírez, President;
Alirio Abreu Burelli, Vice-President;
Oliver Jackman, Judge;
Antônio A. Cançado Trindade, Judge;
Cecilia Medina Quiroga, Judge;
Manuel E. Ventura Robles, Judge; and
Francisco José Eguiguren Praeli, Judge ad hoc;
also present,
Pablo Saavedra Alessandri, Secretary; and
Emilia Segares Rodríguez, Deputy Secretary,
pursuant to Articles 29, 56, 57 and 58 of the Rules of Procedure of the Court
(hereinafter “the Rules of Procedure”), and Article 63(1) of the American Convention
on Human Rights (hereinafter “the Convention” or “the American Convention”),
issues the instant Judgment.
I
INTRODUCTION OF THE CASE
1.
On February 5, 2002 the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) filed before the
Court an application against the State of Peru (hereinafter “the State” or “Peru”),
originating in complaint Nº 11.016, received at the Secretariat of the Commission on
July 2, 1991.
2.
The Commission filed the application based on Article 51 of the American
Convention, for the Court to decide whether the State breached Articles 4 (Right to
Life), 5 (Right to Humane Treatment), 7 (Right to Personal Liberty) and 19 (Rights of
the Child) for the alleged detention, torture, and extra-legal execution of the brothers
Emilio Moisés and Rafael Samuel Gómez Paquiyauri, as well as Articles 8 (Right to
Fair Trial) and 25 (Right to Judicial Protection) of the American Convention, to the
detriment of their next of kin, all the above in combination with the obligation set
*

Judge Diego García-Sayán excused himself from hearing the instant case.

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