4
that all investigations into serious human rights violations must contribute to the
realization of the right to truth and the reparation of the victims. In the case of forced
disappearances, this right entails knowing the fate of the disappeared person. The Court
observes that given the specific circumstances of the present case, the evidence collected
during the investigation and the judicial proceedings carried out - mainly of a
circumstantial and indirect nature – were insufficient to shed any new light on the events
following the detention of Ernesto Castillo Páez or his final fate, and thus the victim’s
continues to be disappeared[.]8
8.
In accordance with the general obligations to respect and guarantee the
rights of the next of kin of Ernesto Castillo Páez, and as the Court has stated in the
judgments on merits and on reparations delivered in this case, as well as in the said
Order of April 3, 2009 (supra first and second having seen paragraphs), the State
remains responsible for the obligation to adopt all measures available to it to
determine the whereabouts of Ernesto Castillo Páez. In this regard, in paragraphs
90 and 105 of the judgments on merits and on reparations, respectively, the Court
found that:
[even if] internal difficulties […] prevent the identification of the individuals responsible
for crimes of this kind, the victim's next of kin still have the right to know what
happened to him and, if appropriate, the location of his remains. It is therefore
incumbent on the State to use all the means at its disposal to satisfy these reasonable
expectations.
9.
Despite repeated requests from the Court (supra fifth having seen
paragraph), the State has not presented information on whether judicial or any
other measures have been taken made to reconstruct the events following the
detention of Ernesto Castillo Páez and to determine his whereabouts. As indicated
in the Order of April 3, 2009 (supra second having seen paragraph), during
proceedings before the inter-American system, the next of kin of the disappeared
victim reported that, according to unofficial information, the youth Castillo Páez
“had been murdered on a beach south of Lima and his body had been blown up
with explosives.”9 Following the delivery of the judgment on reparations, the State
has not advised this Court whether this version of the events has been discredited
or corroborated by all the legal means available to its authorities. Therefore, the
State is not observing its Convention-based obligation to inform the Court of how it
is complying with this measure of reparation (supra sixth considering paragraph).
10.
In order to monitor and guarantee the implementation of the measures of
reparation ordered, the Court must be able to receive and verify information on
execution of the judgment.10
11.
To monitor full compliance with the judgments on merits and on reparations
in this case (supra first having seen paragraph), the Court considers it essential
that the State submit updated information on the legal, administrative, or other
measures it has taken to ascertain the whereabouts of Ernesto Castillo Páez,
additional to those already reported during the procedure of monitoring compliance
with the judgments in this case, in keeping with the second operative paragraph of
the Order of April 3, 2009 (supra second considering paragraph), and also the
findings in this Order. The Court reserves the right to convene a hearing to assess
compliance with the said decisions opportunely.
8
Cf. Case of Castillo Páez v. Peru. Monitoring compliance with judgment. Order of the InterAmerican Court of Human Rights of April 3, 2009, eighteenth considering paragraph.
9
Cf. Testimony of Augusto Zuñiga Paz given before the Inter-American Court. Case of Castillo
Páez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34, para 30(e), and Case of Castillo
Páez v. Peru. Monitoring compliance with judgment, supra note 8, twentieth considering paragraph.
10
Cf. Case of Neira Alegría et al. v. Peru. Monitoring compliance with judgment. Order of the
Inter-American Court of Human Rights of January 19, 2009, twentieth considering paragraph.