45
supported by the allegations of the representatives and also by the evidence presented by
the State, advising that, on May 8, 1995, a prosecutor’s office ordered that the case file be
forwarded to the acting prosecutor because of “indications of a crime against the property
(theft) of the Certificate of Judicial Deposit of the National Bank No. […], dated April 18,
1989, for a total of US$7,500.00.” The loss of this sum of money under the State’s custody
has a direct causal connection to the events of this case and, consequently, must be
restituted. Therefore, if this sum of money has not been already returned, the Court orders
that it should be restituted to Pelagia Mélida Contreras-Montoya de Cantoral, who may
dispose of it as she sees fit.
D) Other forms of reparation
(Measures of satisfaction and guarantees of non-repetition)
188. In this section, the Court will determine those measures of satisfaction that seek to
repair non pecuniary damage, which does not have a pecuniary scope, and will also order
measures of a public scope or repercussion.
i)
Obligation to investigate the facts that gave rise to the violations in this case, and
identify, prosecute and punish those responsible
189. In this judgment, the Court has established that, for more than 18 years, the next of
kin of Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz have not obtained a judicial
determination of the facts or of those responsible, because the investigation conducted at
the domestic level has not constituted an effective recourse to guarantee true access to
justice for the next of kin of the victims (supra para. 135).
190. The Court recalls that, when complying with its obligation to investigate and, if
applicable, punish those responsible for the facts, the State must remove all the de facto
and de jure obstacles, that impede the proper investigation of the events, and use all
available means to expedite the investigation and the respective proceedings in order to
avoid a repetition of such serious acts as those examined in the instant case. The State may
not invoke any law or provision of domestic law to exempt itself from the obligation to
investigate and, if applicable, punish those responsible for the acts against Saúl CantoralHuamaní and Consuelo García-Santa Cruz. In particular, the Court recalls that the State
may not apply amnesty laws, or provisions relating to prescription, or other provisions that
exclude responsibility, which prevent the investigation and punishment of those responsible.
191. In addition, bearing in mind the Court’s case law,129 the State must ensure that the
next of kin of the victims have full access and capacity to act at all stages and in all
instances of these investigations and proceedings, pursuant to domestic law and the
provisions of the American Convention. The result of the proceedings must be publicized so
that Peruvian society may know the judicial determination of the facts and those responsible
in this case.130
ii)
Publication of the Judgment
129
Cf. Case of La Cantuta v. Peru, supra note 8, para. 228; Case of Montero Aranguren et al. (Detention
Center of Catia) v. Venezuela, supra note 72, para. 139; and Case of Baldeón-García v. Peru, supra note 6, para.
199.
130
Cf. Case of La Cantuta v. Peru, supra note 8, para. 228; Case of the Miguel Castro-Castro Prison v. Peru,
supra note 6, para. 441; and Case of Almonacid-Arellano et al. v. Chile, supra note 13, para. 157.
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