76
230. The Court deems that victims of grave human rights violations and their next
of kin, if applicable, have the right to know the truth. Therefore, the next of kin of
the victims in the instant case have the right to be informed of everything that
happened in connection with said violations. This right to the truth has been
developed by International Human Rights Law;157 when it is acknowledged and
exercised in a concrete situation, this constitutes an important means of reparation.
Therefore, it gives rise to an expectation of the next of kin of the victim that the
State must satisfy.158
231. In light of the above, to redress this aspect of the violations, the State must
effectively investigate the facts of the instant case, with the aim of identifying,
trying, and punishing all the masterminds and other persons responsible for the
detention, torture, and extra-legal execution of Rafael Samuel and Emilio Moisés
Gómez Paquiyauri. For this, it must take such judicial and administrative steps as
may be necessary to reopen the investigation of the facts of the instant case and
locate, try, and punish the mastermind or masterminds of said facts. The next of kin
of the victims must have full access and the ability to act in all stages and instances
of said investigations, pursuant to domestic legislation and the provisions of the
American Convention. The State must also ensure effective compliance with the
decision reached by the domestic courts, to fulfill this obligation. The outcome of the
proceeding must be made known to the public, for Peruvian society to know the
truth.
232. The Court notes that the State must ensure that the domestic proceeding to
investigate and punish those responsible of the facts of this case attains its
appropriate effects. The State must also abstain from resorting to measures such as
amnesty, extinguishment, and measures designed to eliminate responsibility, as well
as measures that seek to impede criminal prosecution or to suppress the effects of
the conviction.
233. Regarding to fulfillment of this obligation to investigate and punish, the Court
has established that:
[…]all amnesty provisions, provisions on prescription and the establishment of measures
designed to eliminate responsibility are inadmissible, because they are intended to
prevent the investigation and punishment of those responsible for serious human rights
violations such as torture, extrajudicial, summary or arbitrary execution and forced
157
See Case of Myrna Mack Chang, supra note 5, para. 274; Case of Trujillo Oroza. Reparations,
supra note 116, para. 114; Case of Bámaca Velásquez. Reparations, supra note 116, para. 76; See, for
example, United Nations Human Rights Committee, Quinteros v. Uruguay, Communication No. 107/1981,
decision of 21 July 1983; United Nations, Human Rights Committee, Subcommittee on Prevention of
Discrimination and Protection of Minorities, 49th session, Informe final revisado acerca de la cuestión de
la impunidad de los autores de violaciones de los derechos humanos (derechos civiles y políticos)
preparado por L. Joinet, UN General Assembly Doc. E/CN.4/Sub.2/1997/20/Rev.1; and United Nations,
Human Rights Committee, Subcommittee on Prevention of Discrimination and Protection of Minorities,
45th session, Estudio relativo al derecho de restitución, indemnización y rehabilitación a las víctimas de
violaciones flagrantes de los derechos humanos y las libertades fundamentales, Final report submitted by
Theo van Boven, Special Rapporteur, E/CN.4/Sub .2/1993/8.
158
See Case of Myrna Mack Chang, supra note 5, para. 274; Case of Trujillo Oroza. Reparations,
supra note 116, para. 114; Case of Bámaca Velásquez. Reparations, supra note 116, para. 76; and Case
of Castillo Páez, supra note 26, para. 90.
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