24
131
120.
On March 4, 2009, notice of the judgment was served on the Peruvian Army and the
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convict, Antonio Mauricio Evangelista Pinedo, was asked to pay the civil redress.
On April 27, 2009,
the petitioners asked the Judge of the Fourth Supraprovincial Criminal Court to order the Peruvian Army
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to pay the civil redress amount, in that it had been jointly ordered to do so.
The petitioners reiterated
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135
this request in the month of June 2009
and on August 4, 2009.
On August 5, 2009, the Fourth
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Supraprovincial Criminal Court issued a resolution ordering the Army to pay the civil redress award, but
on November 19, the payment had still not been made. Consequently, on that date the petitioners again
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requested that the responsible third party be ordered to make the payment. On December 15, 2009,
the Fourth Supraprovincial Criminal Court informed Víctor Tarazona Hinostroza, Zulema Tarazona
Arrieta’s father, that the General Finance Office of the Ministry of Defense of the Peruvian Army had
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deposited S 15,000 in his name. As of January 6, 2010, the convict and the State (Peruvian Army) had
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not fully paid the civil redress amount. Finally, the remaining 50% of the redress amount was deposited
and handed over to the legal heirs of Zulema Tarazona Arrieta and Norma Teresa Pérez Chávez, and to
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Luis Alberto Bejarano Laura, prior to July 2011.
C.
Legal Analysis
1.
Right to life (Article 4) and right to humane treatment (Article 5), in conjunction
with the obligation to respect rights (Article 1.1), under the American Convention on Human
Rights
121.
Article 4.1 of the American Convention provides that:
Every person has the right to have his life respected. This right shall be protected by law and, in
general, from the moment of conception. No one shall be arbitrarily deprived of his life.
122.
Article 5.1 of the American Convention stipulates that:
Every person has the right to have his physical, mental, and moral integrity respected.
123.
Regarding the right to life, the Commission notes that:
Article 4 of the Convention guarantees the right of every human being to not be deprived of his life
arbitrarily, which includes the need that the State adopt substantive measures to prevent the
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Annex 83: Document No. 2005-00069-0-4TO.JPSP of March 4, 2009, National Criminal Chamber, Fourth
Supraprovincial Criminal Court. Annex to the petitioners’ submission of July 27, 2011.
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Annex 84: Document of APRODEH and FIDH addressed to the Judge of the Fourth Supraprovincial Criminal Court,
received on April 27, 2009. Annex to the petitioners’ submission of July 27, 2011.
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Annex 84: Document of APRODEH and FIDH addressed to the Judge of the Fourth Supraprovincial Criminal Court,
received on April 27, 2009. Annex to the petitioners’ submission of July 27, 2011.
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Annex 85: Document of APRODEH and FIDH addressed to the Judge of the Fourth Supraprovincial Criminal Court,
in the sentence execution record. Annex to the petitioners’ submission of July 27, 2011.
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Annex 86: Document of APRODEH and FIDH addressed to the Judge of the Fourth Supraprovincial Criminal Court,
received on August 4, 2009. Annex to the petitioners’ submission of July 27, 2011.
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Annex 87: Judicial notice of the Fourth Supraprovincial Criminal Court dated August 5, 2009, received by APRODEH
on August 21, 2009. Annex to the petitioners’ submission of July 27, 2011.
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Annex 88: Document of APRODEH and FIDH addressed to the Judge of the Fourth Criminal Court of Lima, received
on November 19, 2009. Annex to the petitioners’ submission of July 27, 2011.
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Annex 89: Judicial notification of the Fourth Supraprovincial Criminal Court to Víctor Tarazona Hinostrosa, dated
December 15, 2009. Annex to the petitioners’ submission of July 27, 2011.
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Annex 90: Judicial notification of the Fourth Supraprovincial Criminal Court, dated January 6, 2010. Annex to the
petitioners’ submission of July 27, 2011.
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Reported by the petitioners in their submission of July 27, 2011.