punishment of those responsible. 19 The Court considered it a positive assessment that the
State was carrying out criminal proceedings in the regular courts, but considered that there
was a violation of the right of access to justice in that the first criminal proceedings in the
regular courts 20 were initiated about 13 years after the events occurred and only some of
the violations were being investigated (the deaths of inmates) and they were not
investigating violations to personal integrity. At the time of the Judgment, 13 people were
being considered defendants, who at the time of the events held high ranking positions,
such as the former President of the Republic Alberto Fujimori Fujimori, the former director of
the Castro Castro prison, former Director of the National Police and the former Minister of
the Interior, as well as ten other officials of the Peruvian National Police. 21 The Tribunal took
into account "the importance of initiating a criminal case against former Peruvian President
Alberto Fujimori Fujimori, who is credited with having planned and executed the Operative
Transfer 1”.
7.
In the Judgment, the Court noted that even though the State had made recent
efforts regarding the criminal investigation of some of the facts, violations in this case
remained unpunished, and it reminded the State that it had an obligation to combat
impunity by all available means. It noted that the obligation to investigate the facts of this
case involves, inter alia, that Peru take "all necessary, judicial and diplomatic measures, to
prosecute and punish all those responsible for the violations” and to take into account the
seriousness of the facts regarding violence against women, taking into account the
obligations under the treaties it has ratified on this matter. Similarly, the Court held that
“the deaths and torture in this case committed against the victims by State agents [...]
constitute crimes against humanity” and, therefore, the State “has an obligation to not leave
these crimes unpunished and to this end, it must use the available domestic and
international means, instruments, and mechanisms for the effective prosecution of such
behavior and punishment of the perpetrators, in order to prevent and avoid that they remain
unpunished.”
8.
In ruling on the reparations, in operative paragraph eight and paragraphs 436 to 442
and 460 of the Judgment, the Court decided that the State “must, within a reasonable
period of time, effectively investigate the facts in this case, identify and, where appropriate,
punish those responsible, for which the State must initiate the relevant proceedings and
effectively carry out the ongoing criminal proceedings as well as any new ones, adopt all
necessary measures to elucidate the facts in this case, in order to determine the intellectual
and material responsibility of those involved in such violations, and to publish the results of
these criminal proceedings.”
A.2) Information and observations of the parties and of the Inter-American
Commission
19
The specific considerations can be found in paragraphs 371 to 408 of the Judgment. Among other aspects,
the Court highlighted the omissions regarding the cooperation, preservation, and analysis of the evidence prior to
development of the criminal proceedings in course and the effect this had on the development of these proceedings.
20
On June 16, 2005, the State began a criminal proceeding in the 2nd Supraprovincial Criminal Court in
order to investigate a part of the facts. Cf. Case of Miguel Castro Castro Prison Merits, Reparations, and Costs,
supra note 2, paras 197.70 and 386.
21
The Court noted that the number of defendants contrasted with the fact that many police troops and
Peruvian army troops participated in the "Operative Transfer 1,” as well as troops from specialized police units, and
that new measures were underway to determine who the agents were involved in such acts. Cf. Case of Miguel
Castro Castro Prison. Merits, Reparations, and Costs, supra note 2, paras. 197.21 and 399.
7