36
intimidating effect, which prevents the free exercise of trade union rights. The said due
diligence is accentuated in contexts of violence against the trade union sector.
147. Based on the facts acknowledged and proven in the instant case, the Court finds that
the legitimate exercise of the right to freedom of association in relation to trade unions by
Saúl Cantoral-Huamaní was the motive for the attacks on his personal integrity and life
(supra paras. 60 to 67), which, in turn, gave rise to a violation of Article 16 of the American
Convention. With regard to the social leader, Consuelo García-Santa Cruz, the Court
observes that her activities designed to promote the “mining wives’ committees” were
directly connected to the mining strikes. In particular, during the two strikes, Consuelo
García was providing support to the mining women and families who were on strike (supra
paras. 52 and 143).
148. The Court also finds that the execution of Saúl Cantoral-Huamaní and Consuelo
García-Santa Cruz had an intimidating effect on the workers of the Peruvian mining trade
union movement. In a context such as that of the instant case, executions like these not
only restricted the freedom of association of an individual, but also the right and the
freedom of a specific group to associate freely without fear; in other words, the freedom of
the mining workers to exercise this right was affected.110 In addition, this intimidating effect
was accentuated and made more severe by the context of impunity that surrounds the
case.
149. Consequently, the Court considers that the State is responsible for the violation of
the right to freedom of association established in Article 16 of the American Convention in
relation to non-compliance with the obligation established in Article 1(1) thereof, to the
detriment of Saúl Cantoral Huamaní and Consuelo García-Santa Cruz.
XI
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION)111
150. The Commission requested the Court to order measures of reparation and also
measures of satisfaction and guarantees of non-repetition. Regarding the former, it asked
the Court for measures of compensation to make adequate reparation to the victims and
their next of kin in relation to both the pecuniary and the non pecuniary aspects of the
violations of their rights. In the case of the latter, it asked the Court to order the State to
conduct a complete, impartial, effective and immediate investigation into the facts in order
to establish responsibility for the unlawful and arbitrary deprivation of liberty, torture, and
extrajudicial execution of the victims; to conduct a complete, impartial and effective
investigation of the persons who intervened in the failed investigations; and also to take the
necessary measures of prevention to avoid a recurrence of facts such as those in this case,
as well as those necessary to preserve the memory of the victims, as leaders and activists
of the workers trade union movement in Peru. The Commission also asked that the Court
110
Cf. Testimony given by Ulises Cantoral-Huamaní at the public hearing held before the Inter-American
Court on January 23 and 24, 2007, in which he referred to “[t]he death of [his] brother had a tremendous impact
on the mineworkers. [He] had never seen such solidarity with the family; it arrived in Lima from all the mining
centers; also the mobilization for his funeral, where the miners appeared to have lost a loved one. Then this
Federation started breaking apart until, finally, it was totally undermined.”
111
Article 63(1) of the Convention establishes that:
“If the Court finds that there has been a violation of a right or freedom protected by this Convention, the Court shall
rule that the injured party be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if
appropriate, that the consequences of the measure or situation that constituted the breach of such right or freedom be
remedied and that fair compensation be paid to the injured party.”
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