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not only allow the State to fulfill its obligation to investigate and punish all
those responsible, but it also is “one of the most effective measures to
forestall these acts.”
Pleadings of the representative of the alleged victims and their next of kin
135. The representative of the alleged victims and their next of kin argued that the
State breached Articles 8 and 25 of the American Convention to the detriment of
Emilio Moisés and Rafael Samuel Gómez Paquiyauri, as well as of their next of kin,
because:
a)
even though there were grounds to consider that the facts were part of
a practice of arbitrary detentions and extra-legal executions at the time, the
Peruvian courts presented the deaths of the alleged victims as isolated acts of
“a few ‘bad members of the Peruvian National Police’” and only convicted the
crew of the police cars in charge of custody of the alleged victims and they
identified a Captain, César Augusto Santoyo Castro, as the only alleged
mastermind of the facts; the above despite the fact that one of the accused
acknowledged that the orders were also issued by other superiors;
b)
there is evidence that the accused in the domestic proceeding and
their superiors agreed on how to present the facts, as well as that the former
received financial support in exchange for not accusing their superiors;
c)
State mechanisms acted in such a way that they obstructed the
investigation, for example, “presenting the matter to public opinion as if the
minors had died as a consequence of an armed confrontation with the police,
fabricating evidence and making other evidence disappear;”
d)
the Peruvian judiciary failed in its responsibility to independently and
impartially investigate the facts of the case and it did not provide justice to
the next of kin of the alleged victims, because it did not attach due
importance to the alleged arbitrary detention and alleged tortures; it
exempted from liability most of the agents who acted as masterminds, as well
as other accomplices to the crime; and it released the only convicts shortly
after they had been imprisoned;
e)
compensation ordered under domestic venue has not been received by
the next of kin of the alleged victims; furthermore, compensation to be paid
by the persons who committed the crime as a consequences of their individual
liability is independent and does not exempt the State from its responsibility
to directly redress the injury caused; and
f)
since in Peru there is no social support fund for low income families to
cover the essential costs of representation in a contentious case for human
rights violations, the State did not fulfill its obligation to allow the victims
access to justice.
Pleadings of the State
136.
The State argued that:
a)
in the criminal proceeding against the direct perpetrators and
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