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The Government [of Peru] faces an extremely complex human rights agenda[; as part
of this] re-establishing and normalizing its relations with the Honorable Inter-American
Court of Human Rights has been and will be an essential priority... .
… [T]he State of Peru.... formulated an acquiescence in a communication of February
19, in which it recognized its international responsibility for the events that occurred on
November 3, 1991…
…[T]he Government’s strategy in the area of human rights is based on recognizing
responsibilities, but, above all, on proposing integrated procedures for attending to the
victims based on three fundamental elements: the right to truth, the right to justice and
the right to obtain fair reparation.
…
[With regard to the] Barrios Altos case[, …] substantial measures have been taken to
ensure that criminal justice will make a prompt decision on this case. However, we are
faced with .... an obstacle, ... we refer to the amnesty laws. The amnesty laws ...
directly entailed a violation of the right of all victims to obtain not only justice but also
truth. … Consequently, the Government of Peru has suggested to the original
petitioners, that is, the National Human Rights Coordinator, the possibility of advancing
with friendly settlements, which entail effective solutions to this procedural obstacle...
…
The State proposed to the petitioners the signature of a framework agreement on
friendly settlement in the Barrios Altos case. The framework agreement proposed the
explicit recognition of international responsibility concerning certain articles of the
American Convention. In this respect, it was proposed to put in writing, in an
agreement signed by the Commission, the State and the petitioners, that the State
recognized its international responsibility for the violation of the right to life embodied in
Article 4 of the American Convention on Human Rights, because of the deaths of
Placentina Marcela Chumbipuma Aguirre, Luis Alberto Díaz Astovilca, Octavio Benigno
Huamanyauri Nolazco, Luis Antonio León Borja, Filomeno León León, Máximo León León,
Lucio Quispe Huanaco, Tito Ricardo Ramírez Alberto, Teobaldo Ríos Lira, Manuel Isaías
Ríos Pérez, Javier Manuel Ríos Rojas, Alejandro Rosales Alejandro, Nelly María Rubina
Arquiñigo, Odar Mender Sifuentes Nuñez and Benedicta Yanque Churo. The State also
proposed to recognize its international responsibility for the violation of the right to
humane treatment embodied in Article 5 of the American Convention on Human Rights
in this framework agreement, because of the serious injuries to Natividad
Condorcahuana Chicaña, Felipe León León, Tomás Livias Ortega and Alfonso Rodas
Alvítez. Lastly, the State would recognize its international responsibility for the violation
of the right to a fair trial and to judicial guarantees embodied in Articles 8 and 25 of the
American Convention on Human Rights, because it had failed to conduct a thorough
investigation of the facts and had not duly punished those responsible for the crimes
against the above-mentioned persons....
Based on this recognition of responsibilities ... it suggested that the parties would
inform the Court of their willingness to initiate a direct discussion in order to reach an
agreement on a friendly settlement, which would seek to satisfy the claims for
reparations. This agreement would evidently be submitted to the Honorable Court for
official approval, as mandated in the Convention and the Court’s Rules of Procedure. ...
Furthermore, the State proposed a preliminary agenda based on three points of
substance: identification of mechanisms to fully clarify the facts on which the petition
was based, including identification of the masterminds and perpetrators of the crime,
the viability of criminal and administrative punishments for all those found responsible,
and specific proposals and agreements on matters relating to reparations.
… To this end, the State proposed that the parties should request the Inter-American
Court to deliver the judgment on merits immediately, establishing the international
responsibility as determined by the Court and taking into account the brief on
acquiescence that had been submitted. It also proposed that the parties should suggest
to the Court that it suspend its decision on the start of the reparations procedure, for a
period that the parties themselves would establish and that the Court considered
acceptable. Once this period had expired, and if agreement had not been reached, the
parties would commit themselves to request the corresponding judgment to be
delivered, and also to comply with it and execute it in its entirety.