representatives, in their observations of 07.30.2008, asked the Court to dismiss the
State’s brief of 07.23.2008 (para. 18).
II.
Preliminary Considerations
Interpretation of the Judgment.
on
the
Mentioned
Request
for
9.
These were, in synthesis, the main arguments presented to the Court by those
intervening in the present proceedigns of Interpretation of the Judgment. It is true that
the Commission on Truth and Reconciliation (CVR) of Peru, in its extensive Final Report
(2003), when referring to the factors that led to the generalized violence and the
"triggering of the internal armed conflict,” held Sendero Luminoso accountable for “54%
of the fatal victims” reported to it.15 On its part, the Inter-American Court proceeded
naturally to its own determination of the facts in the present case of the Castro Castro
Prison, based on the application presented to it.
10.
With regard to the proven facts in the cas d'espèce, the Court mentioned, in its
Judgment of 11.25.2006 that “as of the coup d’état of April 05, 1992 and in order to fight
some subversive and terrorist groups, the State implemented in its prisons practices that
were not compatible with the effective protection of the right to life and other rights, such
as extrajudicial killings and cruel and inhuman treatments, as well as the disproportionate
use of force in critical circumstances." (para. 197(9)). The Court turned to relevant parts
(volumes VI-VII) of the Final Report (2003) of the CVR itself, for its ruling of the specific
case, and also observed, with regard to the proven facts, that
“The CVR received thousands of accusations regarding acts of
torture and cruel, inhuman, or degrading treatments or punishments
produced during the period between 1980 and 2000. In its final report it
states that of 6,443 acts of torture and cruel, inhuman, or degrading
treatments or punishments registered by said body, 74.90%
corresponded to actions attributed to State officials or people that acted
under its authorization or acquiescence, and the final report expressed
that ‘the forceful disappearance of people was […] one of the main
mechanisms of counter-subversive fighting employed by State agents,
acquiring the characteristics of a systematic or generalized practice.’ ‘Of
the total of victims reported to the CVR as executed or whose
whereabouts continue to be unknown due to responsibility of State
agents, 61% were victims of forced disappearances’." (para. 197(5)).
11.
Even though the briefs submitted to the Court in the present proceedings of
Interpretation of the Judgment (supra) have different positions with regard to the fact
that it offers or not a response to the basic issue presented by the appellant State, all the
briefs offered a response to this matter when they presented their points of view in this
sense. It is a matter that, in my opinion, refers to the sense or scope of the Judgment on
merits and reparations of the Court in the present case of the Castro Castro Prison. Said
matter has been the object of careful attention, in different international juridical forums,
by the contemporary international legal doctrine, and it should be clarified with the
greatest detail and the most solid foundations by the Inter-American Court.
.
Commission of Truth and Reconciliation of Peru, Final Report, volume VIII, parts
II-III, Lima, 2003, p. 355.
15
4