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pay compensation and, furthermore, the next of kin of the victims have
received no payment at all for said civil reparation; the State has neither paid
nor made any effort to ensure that the next of kin of the victims receive civil
reparations;
c)
since those liable for the facts were members of a State institution, the
Peruvian National Police, the State is “under the obligation to pay the
compensation to the next of kin of the victims”; subsequently, the State may
attempt, pursuant to its domestic legislation, an action for reimbursement to
recover from the direct perpetrators the compensation it had to pay; and
d)
the Commission asked the Court to find that the State has the
international obligation to redress the next of kin of the Gómez Paquiyauri
brothers for the violations found, by means of a compensation that is paid by
the State, set according to international standards and for a sufficient amount
to compensate both the pecuniary and the moral damages.
Pleadings of the representative of the victims and their next of kin
185. The representative of the victims and their next of kin asked the Court to
order the State to accept its responsibility for the policy of extra-legal executions
against the civilian population, in the context of which the Gómez Paquiyauri
brothers were tortured and murdered; to acknowledge the cover-up mechanisms
used to “hide said crimes within that systematic context and the individual liabilities
that were hidden;” and to restore the rights that were abridged.
Pleadings of the State
186. Regarding to the argument of the Commission that the State has the
international obligation to redress the next of kin of the Gómez Paquiyauri brothers
for the alleged violations of their human rights, the State argued that “it accepts the
responsibility for the crime committed by [its] police agents, and that it will therefore
jointly and severally provide reparations for the injuries caused.”
Considerations of the Court
187. Based on the points discussed in the foregoing chapters, the Court has found
violations, in connection with the facts in this case, of Articles 4, 5, 7, 8, 19 and 25 of
the American Convention, all of them in combination with Article 1(1) of this same
Convention, as well as Articles 1, 6, 8 and 9 of the Inter-American Convention
against Torture, to the detriment of Rafael Samuel and Emilio Moisés Gómez
Paquiyauri; Articles 5, 8, 11 and 25 of the American Convention, all of them in
combination with Article 1(1) of this same Convention, to the detriment of Ricardo
Samuel Gómez Quispe, Marcelina Paquiyauri Illanes de Gómez, Ricardo Emilio Gómez
Paquiyauri, Carlos Pedro Gómez Paquiyauri, Marcelina Haydeé Gómez Paquiyauri,
Lucy Rosa Gómez Paquiyauri and Miguel Ángel Gómez Paquiyauri; Articles 5 and 11
of the American Convention, in combination with Article 1(1) of this same
Convention, to the detriment of Jacinta Peralta Allccarima; and Article 11 of the
Convention, in combination with Article 1(1) of this same Convention, to the
detriment of Nora Emely Gómez Peralta. This Court has pointed out several times in
its jurisprudence that it is a principle of International Law that any violation to an
international obligation that has caused injury generates an obligation to adequately
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