24 body of evidence that is considered a whole.25 VII PROVEN FACTS 67. Based on the facts set forth in the application, the documentary evidence, the testimony of the witnesses, the expert opinions of the expert witnesses, and the arguments of the Commission, of the representative of the alleged victims and their next of kin and of the State, the Court finds the following facts proven: Regarding to the situation of the country 67.a) Between 1984 and 1993 there was a conflict in Peru between armed groups and agents of the police and military forces, in the midst of a systematic practice of human rights violations, including extra-legal executions, of persons suspected of belonging to armed groups. These practices were carried out by State agents following orders of military and police commanders.26 67.b) The state of emergency was declared several times during this period, including the Province of El Callao.27 67.c) Specifically, a plan known as the “Cerco Noventiuno”, designed to capture and execute the principals of terrorist acts, was carried out in 1991.28 Regarding to Rafael Samuel and Emilio Moisés Gómez Paquiyauri 67.d) Rafael Samuel Gómez Paquiyauri was born on February 7, 1974 in San Miguel, Lima.29 His brother, Emilio Moisés Gómez Paquiyauri, was born on 25 See Case of Maritza Urrutia, supra note 5, para. 57; Case of Bulacio, supra note 6, para. 38; and Case of Juan Humberto Sánchez, supra note 15, para. 60. 26 See Case of Cantoral Benavides. Judgment of August 18, 2000. Series C No. 69, para. 63.t); Case of Castillo Páez. Judgment of November 3, 1997. Series C No. 34, para. 42; Case of Loayza Tamayo. Judgment of September 17, 1997. Series C No. 33, para. 46.l); Inter-American Commission on Human Rights, Report Nº 101/01, Cases Nos. 10.247 and others, paras. 160 to 171; Inter-American Commission on Human Rights, Informe sobre la Situación de los Derechos Humanos en Perú, 1993, Documento OEA/Ser.L/V/II.83. Doc.31, March 12, para. 16; video of the newscast Noticiero “90 segundos” broadcast by Channel 2 of the Peruvian national television June 21, 1991 (file with appendixes to the application, appendix 6); and article entitled “Histeria Criminal” published in the July 1, 1991 edition of “Revista Caretas” (file with appendixes to the application, volume I, appendix 8, leaves 60 to 63). 27 See Durand and Ugarte Case. Judgment of August 16, 2000. Series C No. 68, para. 59.q); Case of Loayza Tamayo, supra note 26, para. 46.b); Neira Alegría et al. Case. Judgment of January 19, 1995. Series C No. 20, paras. 40 and 77; and Inter-American Commission on Human Rights, Informe sobre la Situación de los Derechos Humanos en Perú, 1993, Document OEA/Ser.L/V/II.83. Doc.31, March 12, 1993, paras. 8 and 22. 28 See judgment issued by the Third Criminal Chamber of El Callao on November 9, 1993 (file with appendixes to the application, volume I, appendix 21, leaves 288 to 318); and statement made on June 26, 1991 by PNP-PG Commander Pedro Raúl Gonzales Paredes before the examiner of the Homicide Department of the División de Delitos contra la Vida (file with appendixes to the application, volume I, appendix 13, leaves 129 to 131). 29 See birth certificate of Rafael Samuel Gómez Paquiyauri (file with appendixes to the application, volume I, appendix 5, leaves 51 to 52).

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