Order of the
Inter-American Court of Human Rights
of November 17, 2004
Case of Castillo-Páez v. Peru
(Monitoring Compliance with Judgment)

HAVING SEEN:
1.
The Judgment on the Merits delivered by the Inter-American Court of Human
Rights (hereinafter the “Court” or the “Inter-American Court”) of November 3, 1997,
whereby it unanimously established:
[…]
1.
That the State of Peru violated the right to personal liberty recognized in Article
7 of the American Convention on Human Rights, in relation to Article 1(1) thereof, to
the detriment of Ernesto Rafael Castillo-Páez.
[…]
2.
That the State of Peru violated the right to humane treatment recognized in
Article 5 of the American Convention on Human Rights in relation to Article 1(1) thereof,
to the detriment of Ernesto Rafael Castillo-Páez.
[…]
3.
That the State of Peru violated the right to life recognized in Article 4 of the
American Convention on Human Rights, in relation to Article 1(1) thereof, to the
detriment of Ernesto Rafael Castillo-Páez..
[…]
4.
That the State of Peru violated the right to effective recourse to a competent
national court or tribunal, recognized in Article 25 of the American Convention on
Human Rights, in relation to Article 1(1) thereof, to the detriment of Ernesto Rafael
Castillo-Páez and his next of kin.
[…]
5.
That the State of Peru is obliged to repair the consequences of those violations
and compensate the victim's next of kin and reimburse them for any expenses they may
have incurred in their representations to the Peruvian authorities in connection with this
case, for which purpose the proceeding remains open.

Complementary to the declaration of such violations, the Court pointed out, in its
considerations, that
[…] the Peruvian State is obliged to investigate the events that produced them.
Moreover, on the assumption that internal difficulties might prevent the identification of
the individuals responsible for crimes of this kind, the victim's family still have the right
to know what happened to him and, if appropriate, where his remains are located... 1

1

Case of Castillo-Páez. Judgment of November 3, 1997. Series C No. 34, para. 90.

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