2
2.
The instant case was filed with the Court by the Inter-American Commission
on Human Rights (hereinafter “the Commission” or “the Inter-American
Commission”) in its application of June 8, 2000.
3.
On March 14, 2001 the Court delivered its judgment on the merits of the
case, in which it unanimously:
1.
Admit[ted] the recognition of international responsibility made by the State.
2.
Declar[ed], in accordance with the terms of the recognition of international
responsibility made by the State, that the State breached:
a)
the right to life protected by article 4 of the American Convention on
Human Rights, to the prejudice 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;
b)
the right to humane treatment protect by article 5 of the American
Convention on Human Rights, to the prejudice of Natividad
Condorcahuana Chicaña, Felipe León León, Tomás Livias Ortega, and
Alfonso Rodas Alvítez; and
c)
the right to fair trial and to judicial protection, enshrined in articles 8
and 25 of the American Convention on Human Rights, to the prejudice
of the next of kin 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, Benedicta Yanque Churo, and to the prejudice of Natividad
Condorcahuana Chicaña, Felipe León León, Tomás Livias Ortega, and
Alfonso Rodas Alvítez, as a consequence of the enactment and
enforcement of amnesty laws Nº 26479 and Nº 26492.
3.
Declare[d], in accordance with the terms of the recognition of responsibility
made by the State, that the State breached articles 1(1) and 2 of the American
Convention on Human Rights as a consequence of the enactment and enforcement of
amnesty laws Nº 26479 and Nº 26492 and of the violation of the articles of the
Convention mentioned in operative paragraph 2 of this Judgment.
4.
Declare[d] that amnesty laws Nº 26479 and Nº 26492 are incompatible with
the American Convention on Human Rights, and therefore are without legal effects.
5.
Declare[d] that the State of Peru must investigate the facts to identify the
persons responsible for the human rights violations which have been mentioned in the
instant Judgment, and to publicly divulge the results of the investigation and punish
those responsible.
6.
Decide[d] that reparations [will] be determined by mutual agreement among
the respondent State, the Inter-American Commission and the victims, their next of kin
or their duly accredited legal representatives, within three months from the date when
notice of the instant Judgment is served.
7.
Reserve[d] the power to review and approve the agreement mentioned in the
previous operative paragraph and, in case no agreement were reached, to continue the
reparations proceedings.
4.
On March 29, May 3, and June 15, 2001 the State submitted reports
pertaining to fulfillment of the judgment on the merits in the instant case.