ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS ∗
OF NOVEMBER 26, 2013
CASE OF CASTILLO PÁEZ v. PERÚ
MONITORING OF COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The Judgment on preliminary objections rendered by the Inter-American Court of
Human Rights (hereinafter “the Inter-American Court,” “the Court,” or “the Tribunal”) on
January 30, 1996; the Judgment on the merits rendered by the Court on November 3, 1997
(hereinafter “the Judgment on the merits”), and the Judgment on reparations and costs
rendered by the Court on November 27, 1998 (hereinafter “the Judgment on reparations”).
The case refers to the detention and subsequent forced disappearance of Mr. Ernesto Rafael
Castillo Páez attributable to the Republic of Peru (hereinafter “the State” or “Peru”) because
they were carried out by members of the National Police; the inefficiency of the habeas
corpus remedy; and the failure to determine the fate of the victim and, if applicable, the
whereabouts of his remains. The State was declared responsible for the violation of Articles
4, 5, 7 and 25 of the American Convention on Human Rights (hereinafter “the American
Convention” or “the Convention”), in relation to Article 1(1) thereof, to the detriment of Mr.
Ernesto Rafael Castillo Páez, and Article 25 of the Convention, in relation to Article 1(1)
thereof, to the detriment of his next-of-kin.
2.
The Orders on monitoring of compliance rendered by the Court on June 1, 2001,
November 27, 2002, November 27, 2003, November 17, 2004, April 3, 2009, and May 19,
2011. In the latter, the Court declared that:
1.
In accordance with the provisions of considering paragraphs 7 through 11 of [the] Order,
the State is not complying with its obligation to inform the Court about the measures taken to
comply with its rulings in the judgments on merits and on reparations delivered on November 3,
1997, and November 27, 1998, respectively.
2.
It will keep the procedure of monitoring compliance open with regard to the obligation to
adopt available measures to determine the whereabouts of Ernesto Rafael Castillo Páez, which is still
pending.
And Decid[ed]:
[…]
2.
To request the Republic of Peru to present to the Inter-American Court of Human Rights,
by July 15, 2011, at the latest, a brief indicating all the measures adopted to comply with the
pending obligation, in accordance with the seventh to eleventh considering paragraphs of [the]
Order.
3.
To require the State, following presentation of the brief required in the preceding
paragraph, to continue reporting to the Court every three months on the measures taken to comply
with the pending obligation.
∗
The President of the Court, Judge Diego García Sayán, of Peruvian nationality, did not participate in the hearing
and deliberation of this Order, pursuant to that provided in Articles 19(2) of the Statute and 19(1) of the Court
Rules of Procedure.