2
5.
the State violated the obligations set forth in Article 8 of the Inter-American
Convention to Prevent and Punish Torture, to the detriment of Rafael Samuel and Emilio
Moisés Gómez Paquiyauri, under the terms set forth in paragraphs 153 to 156 of the […]
Judgment.
6.
the State violated Article 19 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
161 to 173 of the […] Judgment.
7.
the State violated Article 11 of the American Convention on Human Rights, in
combination with Article 1(1) of this same Convention, to the detriment of the members
of the family of Rafael Samuel Gómez Paquiyauri and Emilio Moisés Gómez Paquiyauri,
mentioned in paragraphs 67.t and 67.u of this ruling, under the terms set forth in
paragraphs 178 to 182 of the […] Judgment.
8.
this Judgment is per se a form of reparation, as set forth in paragraph 215 of
the […] Judgment.
[and the Court decided that:]
9.
The State must, within a reasonable term, effectively investigate the facts of
the instant case, with the aim of identifying, trying, and punish all the perpetrators of
the violations against Rafael Samuel and Emilio Moisés Gómez Paquiyauri. The outcome
of this proceeding must be made known to the public, under the terms set forth in
paragraphs 227 to 233 of the […] Judgment.
10.
The State must carry out a public act of acknowledgment of its responsibility in
connection with the facts of this case and of apology to the victims, under the terms set
forth in paragraph 234 of the instant Judgment.
11.
The State must publish once in the official gazette, Diario Oficial and in another
national coverage daily the chapter of this Judgment on proven facts, without the
respective footnotes, and the operative paragraphs of this Judgment, under the terms
set forth in paragraph 235 of the […] Judgment.
12.
The State must officially name a school in the province of El Callao after Rafael
Samuel Gómez Paquiyauri and Emilio Moisés Gómez Paquiyauri, in a public ceremony
and in the presence of the next of kin of the victims, under the terms set forth in
paragraph 236 of the […] Judgment.
13.
The State must establish a scholarship up to university level, in favor of Nora
Emely Gómez Peralta, and facilitate her registry as the daughter of Rafael Samuel
Gómez Paquiyauri, under the terms set forth in paragraphs 237 and 238 of the […]
Judgment.
14.
The State must pay the total sum of US$240,500.00 (two hundred and forty
thousand five hundred United States dollars) or its equivalent in Peruvian currency, for
pecuniary damages, under the terms set forth in paragraphs 206, 208 and 210 of the
[…] Judgment, distributed as follows:
a)
to Ricardo Samuel Gómez Quispe and Marcelina Paquiyauri Illanes de
Gómez, as parents of Emilio Moisés Gómez Paquiyauri, US$ 100,000.00 (one
hundred thousand United States dollars) or their equivalent in Peruvian
currency, under the terms set forth in paragraphs 206 and 199 of the […]
Judgment;
b)
to Ricardo Samuel Gómez Quispe and Marcelina Paquiyauri Illanes de
Gómez, as parents of Rafael Samuel Gómez Paquiyauri; and to Nora Emely
Gómez Peralta, as daughter of Rafael Samuel Gómez Paquiyauri, US$
100,000.00 (one hundred thousand United States dollars) or their equivalent in
Peruvian currency, under the terms set forth in paragraphs 206 and 200 of the
[…] Judgment; and
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