ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF SEPTEMBER 22, 2006•
CASE OF THE GÓMEZ PAQUIYAURI BROTHERS v. PERU
MONITORING COMPLIANCE WITH JUDGMENT

HAVING SEEN:

1.

The Judgment on the merits of the case, reparation and costs, passed on July
8, 2004 (hereinafter the “Judgment”) by the Inter-American Court of Human Rights
(hereinafter, the “Court”, the “Inter-American Court” or the “Tribunal”), in which the
Court found inter alia that:
1.
the State violated the Right to Life set forth in Article 4(1) of the American
Convention on Human Rights, in combination with Article 1(1) of this same Convention,
to the detriment of Rafael Samuel and Emilio Moisés Gómez Paquiyauri, under the terms
set forth in paragraphs 124 to 133 of the […] Judgment.
2.
the State violated the Right to Personal Liberty set forth in Article 7 of the
American Convention on Human Rights, in combination with Article 1(1) of this same
Convention, to the detriment of Rafael Samuel and Emilio Moisés Gómez Paquiyauri,
under the terms set forth in paragraphs 81 to 100 of the […] Judgment.
3.
the State violated the Right to Humane Treatment set forth in Article 5 of the
American Convention on Human Rights, in combination with Article 1(1) of this same
Convention, and the obligations set forth in Articles 1, 6 and 9 of the Inter-American
Convention to Prevent and Punish Torture, to the detriment of Rafael Samuel and Emilio
Moisés Gómez Paquiyauri. The State also violated Article 5 of the American Convention
on Human Rights, in combination with Article 1(1) of this same Convention, to the
detriment of Marcelina Paquiyauri Illanes de Gómez, Ricardo Samuel Gómez Quispe,
Marcelina Haydeé Gómez Paquiyauri, Ricardo Emilio Gómez Paquiyauri, Carlos Pedro
Gómez Paquiyauri, Lucy Rosa Gómez Paquiyauri, Miguel Ángel Gómez Paquiyauri and
Jacinta Peralta Allccarima, under the terms set forth in paragraphs 106 to 119 of the […]
Judgment.
4.
the State violated the rights to Right to Fair Trial and to Judicial Protection
enshrined in Articles 8 and 25, respectively, of the American Convention on Human
Rights, in combination with Article 1(1) of this same Convention, to the detriment of
Rafael Samuel and Emilio Moisés Gómez Paquiyauri, Ricardo Samuel Gómez Quispe,
Marcelina Paquiyauri Illanes de Gómez, Ricardo Emilio Gómez Paquiyauri, Carlos Pedro
Gómez Paquiyauri, Marcelina Haydeé Gómez Paquiyauri, Lucy Rosa Gómez Paquiyauri,
and Miguel Ángel Gómez Paquiyauri, under the terms set forth in paragraphs 140 to 156
of the […] Judgment.

•

Judge Oliver Jackman did not take part of nor affix his name to this Order, as he reported to the
Court that for reasons beyond his control, he could not participate in the Seventy-second Ordinary
Sessions of the Court. Judge Diego García-Sayán, a Peruvian citizen, advised the Court of his
disqualification to hear this instant case, pursuant to Article 19(2) of the Court’s Statute, and Article 19 of
the Court’s Rules of Procedure.

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