74
Paquiyauri for non-pecuniary damages must be distributed under the terms set forth
in paragraphs 199 and 200 of the instant Judgment.
D) OTHER FORMS OF REPARATION
(MEASURES OF SATISFACTION AND GUARANTEES OF NON-RECIDIVISM)
223. In this section, the Court will establish measures of satisfaction that seek to
redress the non-pecuniary damage; as well as, measures that are public in their
scope or repercussions. These measures seek, inter alia, remembrance of the victims,
acknowledgment of their dignity, consolation to their next of kin, or transmission of a
message of official reproval of the human rights violations involved, as well as
avoiding repetition of violations such as those in the instant case.153
Pleadings of the Commission
224. The Commission requested as satisfaction and guarantee of non-recidivism
that a serious investigation be conducted on the whereabouts of the masterminds of
the death of the Gómez Paquiyauri brothers, as well as that they be tried and
punished. It also asked the Court to order the State to publicly apologize and “to
acknowledge the mistake and the violation of the human rights of the Gómez
Paquiyauri family.”
Pleadings of the representative of the victims and their next of kin
225. The representative of the alleged victims asked the Court to order the State to
carry out the following actions as satisfaction and guarantees of non-recidivism:
a)
to carry out a public act of apology to the victims and acknowledgment
of its responsibility;
b)
to capture, try, and punish those responsible for the arbitrary
detentions, tortures and extra-legal executions of the brothers Rafael Samuel
and Emilio Moisés Gómez Paquiyauri;
c)
to redress Nora Emely Gómez Peralta for the moral damage caused
through lack of her legal recognition as the daughter of Rafael Samuel Gómez
Paquiyauri;
d)
to in some way restore the family unit of the Gómez Paquiyauris, by
granting liberty to Carlos Pedro and Ricardo Emilio Gómez Paquiyauri, who
are deprived of liberty for facts other than those of the instant case, through a
pardon by the State as acknowledgment of its responsibility and satisfaction
to the injured party;
e)
to facilitate and resolve the establishment by the Gómez Paquiyauri
family of a Foundation named after Emilio Moisés and Rafael Samuel Gómez
Paquiyauri, with a mandate for protection of children in Peru;
f)
alternatively, for a secondary school in El Callao, preferably that where
the minors studied, to be named after both of them;
153
See Case of Maritza Urrutia, supra note 5, para. 171; Case of Myrna Mack Chang, supra note 5,
para. 268; Case of Cantoral Benavides. Reparations, supra note 108, para. 53; and Case of the “Street
Children” (Villagrán Morales et al.). Reparations, supra note 116, para. 84.
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