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family, of Jacinta Peralta-Allccarima, and of the minor Nora Emely GómezPeralta,
i)
the State has the negative duty “not to interfere with the rights
of the family to their integrity, to life, and to peace in their home” and to
refrain from committing any act which interferes with the safety and
integrity of the beneficiaries and which might be deemed to be in
retaliation for their status as victims in the proceedings started before
the Court. Due to the foregoing, they declined to request the protection
of police guardianship, as “the request of provisional measures seeks, on
the contrary, to keep the normal life of the members of the GómezPaquiyauri family unaltered;”
ii)
the “Expreso” newspaper on August 14 and 15, 2004 published
false information according to which the members of the abovementioned family were linked with the organization Sendero Luminoso
(Shining Path), stating that said information had been provided by the
State agent acting in the instant case, which goes against their safety
and constitutes “a violation of the right to the protection of one’s honor
and the dignity of the family;”
iii)
the State has failed to conduct a careful investigation into the
event occurred on January 16, 2005, when Miguel Ángel GómezPaquiyauri visited his brother Ricardo Gómez-Paquiyauri at the “Castro
Castro” prison in order to take him a copy of the Judgment rendered by
the Court, which was withheld by the penitentiary security agents. It
was only a month later and after their firm insistence that the State
returned said documents;
iv)
the life and physical integrity of the members of the above family
is not fully guaranteed, as the State has not borne the costs of the
medical check-ups and tests, treatment, and cure of the serious health
problems suffered by Ricardo Emilio Gómez-Paquiyauri, caused by the
ill-treatment meted out thereto during the eleven years he was in
prison, after which he was acquitted on June 27, 2005 and released from
jail;
v)
Ricardo Gómez-Quispe had an accident on August 7, 2005 and
was not given adequate medical care by ESSALUD, an institution which
depends on the State;
vi)
despite the fact that the State has not informed how it has
complied with the measures ordered regarding Jacinta Peralta-Allccarima
and the minor Nora Emely Gómez-Peralta, no act of interference with
the rights to their lives, physical integrity, and safety has been reported;
and
vii)
they object to the content of the last reports submitted by the
State, which do not include information regarding its compliance with
the provisional measures ordered in behalf of the family.
b)
regarding the duty to adopt such measures as may be necessary to
protect the life and physical integrity of Ángel del Rosario Vásquez-Chumo and
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