46
119. For the aforementioned reasons, the Court finds that the State violated Article
5 of the American Convention, in combination with Article 1(1) of this same
Convention, to the detriment of Marcelina Paquiyauri Illanes de Gómez; Ricardo
Samuel Gómez Quispe; Marcelina Haydeé, Ricardo Emilio, Carlos Pedro, Lucy Rosa
and Miguel Ángel, all of them Gómez Paquiyauri; and Jacinta Peralta Allccarima.
XI
RIGHT TO LIFE
ARTICLE 4
IN COMBINATION WITH ARTICLE 1(1)
Pleadings of the Commission
120. The Commission asked the Court to find the State responsible for violating
Article 4, in combination with Article 1(1), both of the American Convention, to the
detriment of Emilio Moisés and Rafael Samuel Gómez Paquiyauri, because:
a)
the right to life entails for the States the obligation not only to respect
it, but also to ensure it. Pursuant to Article 1(1) of the American Convention,
the State has the obligation to ensure the right to life and, for this, it must
forestall violations of said right and investigate and punish those responsible
and provide reparations to the victims or their next of kin, when those
responsible were agents of the State;
b)
in the instant case the State
international obligations because, while
were punished, the whereabouts of the
duly investigated nor did the next of
compensation;
“only complied in part” with its
the direct perpetrators of the facts
mastermind of those facts was not
kin of the alleged victims receive
c)
lack of an adequate investigation of the whereabouts of the
mastermind is especially significant in the framework of a practice of extralegal executions, as it constitutes a means to support the impunity that
generally exists regarding said violations;
d)
in this framework, in cases regarding which “there is much public and
judicial pressure,” the armed or police institutions “hand over” the lower
agent levels who “undertake a commitment not to accuse their superiors” in
exchange for legal advice and other benefits, such as reentry into the
institution where they worked once they regain their freedom; and
e)
in the domestic trial, “it was established that various members of the
Peruvian National Police, including [the alleged mastermind], coordinated with
the direct perpetrators their account of the facts, and the legal assistance that
the policemen [involved] in the proceeding would receive.” When the direct
perpetrators were imprisoned, Captain César Augusto Santoyo Castro, the
alleged mastermind, also “gave them financial assistance.”
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