25
kind of violence; otherwise, the ability of groups to organize themselves to protect
their interests could be limited.20
78.
In view of the foregoing, the Court considers that, in this case, the legitimate
exercise that Pedro Huilca Tecse made of the right to freedom of association, (in
trade union matters), resulted in a lethal reprisal, which, in turn, constituted a
violation of Article 16 of the American Convention. The Court also considers that the
execution of Pedro Huilca Tecse had an intimidating effect on the workers of the
Peruvian trade union movement and thereby reduced the freedom of a specific group
to exercise this right.
79.
Consequently, in accordance with the State’s acquiescence, the Court
considers that the facts referred to in paragraph 60 of the judgment have been
established and, as the State also acknowledged, that it incurred international
responsibility for violation of the rights embodied in Articles 4(1) (Right to Life) and
16 (Freedom of Association) of the American Convention, and non-compliance with
the obligation established in Article 1(1) (Obligation to Respect Rights) thereof, to
the detriment of Pedro Huilca Tecse.
*
*
*
80.
Also, from the terms of the acquiescence it is clear that, in the domestic
proceedings in this case, there was continued obstruction, and also a lack of
diligence in the investigations conducted by the State, thus ensuring the impunity of
the masterminds and perpetrators concerning the facts that occurred on December
18, 1992 (supra paras. 60(22), 60(25), 60(35) and 60(45)).
81.
In this regard, although domestic judicial proceedings were instituted to
investigate what happened to Pedro Huilca Tecse, they was annulled and the
investigation and judicial decision are still pending. In addition to the facts
established in this case, the State has conducted different investigations through the
Truth Commission and the national Congress, which could contribute to clarifying the
facts in this case. However, up until the delivery of this judgment, more than 12
years after the facts occurred, the case has not been resolved.
82.
This has constituted a situation of serious impunity. In this regard, the Court
understands that impunity means:
The overall lack of investigation, tracing, capture, prosecution and conviction of those
responsible for violations of the rights protected by the American Convention, and that
the State is obliged to combat this situation by all available legal means. Impunity
promotes the chronic repetition of the human rights violations and the total
defenselessness of the victims and their next of kin.21
83.
In view of the foregoing, the Court also considers that, according to the
State’s acquiescence and the facts established in this case (supra para. 60), Peru is
responsible for the violation of the rights embodied in Articles 8 (Right to a Fair Trial)
20
21
Cf. Eur. Court H.R. Plattform “Ärzte für das Leben” v Austria, supra note 17, para. 32.
Cf. Case of the Gómez Paquiyauri Brothers, supra note 7, para. 148; Case of Maritza Urrutia.
Judgment of November 27, 2003. Series C. 103, para. 126; and Case of Myrna Mack Chang, supra note 4,
paras. 156 and 210.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents