37
concludes that the State has violated Article 5(1) of the American Convention in relation to Article 1(1)
of the same to the detriment of Ms. Victoria Vilcapoma Taquia.
V.
CONCLUSIONS
146. The Commission, based on the considerations of fact and law presented above,
concludes that the Republic of Peru is responsible for mailing to comply with the obligations to prevent
and guarantee:
1.
the right to personal integrity, in accordance with Articles 5(1) y 5(2) of the American
Convention, in relation to Article 1(1) of the same instrument and Article 8 of the Inter-American
Convention to Prevent and Punish Torture, to the detriment of Mr. Quispealaya Vilcapoma;
2.
the right to judicial protection and guarantees enshrined in Articles 8 and 25 of the
American Convention in relation to Article 1(1) of the same instrument, to the detriment of Mr.
Quispealaya Vilcapoma;
3.
the right to personal integrity, in accordance with Article 5(1) de la American
Convention, in relation to Article 1(1) of that instrument, to the detriment of Ms. Victoria Vilcapoma
Taquia.
VI.
RECOMMENDATIONS
147. Based on the analysis and the conclusions contained in the present report, the InterAmerican Commission on Human Rights recommends that the State of Peru:
Reopen the investigation for the violation of personal integrity suffered by Mr.
Quispealaya Vilcapoma and carry it out in an impartial and effective manner within a reasonable time
period, with the aim to clarify the facts in a complete manner, identify the responsible party or parties
and punish them appropriately.
1.
Provide adequate reparations for the human rights violations declared in the present
report, both in the material and the moral sense, including just compensation.
2.
Design and implement training materials and regular courses on human Rights, and
specifically regarding the limits of military discipline in light of the obligations assumed by the State
upon ratifying international human rights instruments.
3.
4.
Establish efficient mechanisms so that young people carrying out military service can
report cases of abuse or mistreatment, mechanisms which guarantee respect for the rules of due
process and eliminate the possibility of any type of reprisal by the aggressors.
5.
Strengthen the capacity of the judicial branch to investigate reports of torture and
violations of personal integrity that young people performing military service present in an adequate
and efficient manner.
VIII.
NOTIFICATION