9.
These were, in synthesis, the main arguments presented to the Court by those
intervening in the present proceedigns of Interpretation of the Judgment. It is true
that the Commission on Truth and Reconciliation (CVR) of Peru, in its extensive Final
Report (2003), when referring to the factors that led to the generalized violence and
the "triggering of the internal armed conflict,” held Sendero Luminoso accountable for
“54% of the fatal victims” reported to it.4 On its part, the Inter-American Court
proceeded naturally to its own determination of the facts in the present case of the
Castro Castro Prison, based on the application presented to it.
10.
With regard to the proven facts in the cas d'espèce, the Court mentioned, in its
Judgment of 11.25.2006 that “as of the coup d’état of April 05, 1992 and in order to
fight some subversive and terrorist groups, the State implemented in its prisons
practices that were not compatible with the effective protection of the right to life and
other rights, such as extrajudicial killings and cruel and inhuman treatments, as well
as the disproportionate use of force in critical circumstances." (para. 197(9)). The
Court turned to relevant parts (volumes VI-VII) of the Final Report (2003) of the CVR
itself, for its ruling of the specific case, and also observed, with regard to the proven
facts, that
“The CVR received thousands of accusations regarding acts of
torture and cruel, inhuman, or degrading treatments or punishments
produced during the period between 1980 and 2000. In its final
report it states that of 6,443 acts of torture and cruel, inhuman, or
degrading treatments or punishments registered by said body,
74.90% corresponded to actions attributed to State officials or people
that acted under its authorization or acquiescence, and the final
report expressed that ‘the forceful disappearance of people was […]
one of the main mechanisms of counter-subversive fighting employed
by State agents, acquiring the characteristics of a systematic or
generalized practice.’ ‘Of the total of victims reported to the CVR as
executed or whose whereabouts continue to be unknown due to
responsibility of State agents, 61% were victims of forced
disappearances’." (para. 197(5)).
11.
Even though the briefs submitted to the Court in the present proceedings of
Interpretation of the Judgment (supra) have different positions with regard to the fact
that it offers or not a response to the basic issue presented by the appellant State, all
the briefs offered a response to this matter when they presented their points of view
in this sense. It is a matter that, in my opinion, refers to the sense or scope of the
Judgment on merits and reparations of the Court in the present case of the Castro
Castro Prison. Said matter has been the object of careful attention, in different
international juridical forums, by the contemporary international legal doctrine, and it
should be clarified with the greatest detail and the most solid foundations by the
Inter-American Court.
12.
The present case of the Castro Castro Prison occurs within a situation of
chronic and generalized violence, in which atrocities were reacted to with atrocities,
the terrorism of Sendero Luminoso was reacted to with the State’s terrorism,
multiplying the thousands and thousands of victims, and affecting the social fabric.
The tragedy referred to in the present legal proceedings of the Interpretation of a
Judgment, - whose examination should have been analyzed in greater depth by the
.
Commission of Truth and Reconciliation of Peru, Final Report, volume VIII,
parts II-III, Lima, 2003, p. 355.
4