44 106. This Court points out that forced disappearance is characterized by its clandestine nature, which requires the State to comply with its international obligations in good faith and to provide all necessary information insofar as it is the State which has control over the mechanisms to investigate incidents that took place within its territory. Consequently, any attempt to shift the burden of proof to the victims or their next of kin is contrary to the obligation imposed upon the State by Article 2 of the American Convention and Articles I(b) and II of the InterAmerican Convention on Forced Disappearance. 107. In this regard, the Court agrees with the considerations put forward by the Peruvian Ombudsman, to the effect that: the additional condition that the disappearance be “duly proven” ―which has no precedent in international rules― lacks any reasonable justification in criminal policy. Said condition must not imply imposing the burden of producing previous proof on the person reporting the crime, something which is completely absurd given the clandestine nature of the practice, but only the exhaustion of police and administrative proceedings commonly used to locate any missing person. It may not be understood as a condition precedent to punishment or prosecution, for such construction would mean fostering impunity.72 108. Therefore, the ambiguous requirement of “due proof” of the forced disappearance included in Article 320 of the Criminal Code cited above prevents the State from fully complying with its international obligations. * 109. The Court appreciates the efforts made by Peru regarding the amendment of Article 320 of the Criminal Code (supra paras. 54.32 and 89(d) and (e)). However, the Court observes that such measures have not been sufficient to achieve effective compliance with the international rules in force concerning forced disappearance of persons. 110. Based on the foregoing, the Inter-American Court finds that the State has failed to comply with the obligations binding it under Article 2 of the American Convention, in order to effectively guarantee Mr. Santiago Gómez-Palomino’s rights to life, personal liberty, and humane treatment and I(b) of the Inter-American Convention on Forced Disappearance. XI REPARATIONS APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION Duty to make reparations 72 Cf. Report on Forced Disappearance in Peru of December 2000. Defensoría de Pueblo y la Asociación Nacional de Familiares Secuestrados, Detenidos y Desaparecidos en Zonas en Estado de Emergencia (Office of the Ombudsman and the National Association of Relatives of Persons Kidnapped, Detained and Disappeared in Emergency Areas).