Convention to Prevent and Punish Torture, to the detriment of the disappeared persons and
their next-of-kin;
5. Articles 8(1) and 25 of the American Convention in connection with the provisions set forth
in Articles 1(1) and 2 thereof and in Article III of the Inter-American Convention on Forced
Disappearance of Persons, to the detriment of the victims and their next-of-kin.
6. The right to humane treatment of the victims’ next-of-kin recognized in Article 5 of the
American Convention, in connection with Article 1(1) of that instrument.
The Commission believes it necessary in the instant case for the Inter-American Court to order
the following reparation measures:
1. Provide adequate reparation for the human rights violations found in the instant report in
material as well as moral respects that take into account the special condition of the seven child
victims in the case, including fair compensation, elucidation and circulation of the historical truth
of the events, remembrance of the disappeared victims, and implementation of an adequate
program of psychosocial care for the next-of-kin of the disappeared victims.
2. Establish a mechanism that, to the extent possible, enables complete identification of the
disappeared victims and the return of the mortal remains of those victims to their families.
3. Carry out and conclude, as appropriate, the domestic proceedings connected with the
human rights violations found in the instant report and pursue the investigations in an impartial
and effective manner within a reasonable time in order to completely clarify the events, identify
the architects and material authors, and impose the appropriate penalties.
4. Strengthen the capacity of the judiciary to adequately and efficiently investigate the facts
and punish those responsible, including through provision of the necessary material and
technical resources to ensure the correct conduct of proceedings.
5. Adopt such measures as may be necessary to prevent any such events from occurring in the
future, in keeping with the duty to protect and ensure the human rights recognized in the
American Convention. In particular, implement permanent education programs on human rights
and international humanitarian law in the training schools of the armed forces.
6. Take administrative measures against those public officials found to have been involved in
the commission of the violations found in this report, including any judges or magistrates who
1
failed to properly discharge their duty to protect fundamental rights.
Aside from the need for the victims to obtain justice, the Commission considers that the case
concerns questions regarding the inter-American public order of human rights in relation to the duty of
the State to carry out diligent investigations in the case of forced disappearance of persons–particularly
where the disappearance of children is concerned–in a context of systematic disappearances within the
framework of internal armed conflicts in which amnesty laws have been applied. In particular, it should
be underscored that the duty to investigate and punish those responsible is especially acute since
several of the victims were children. The case will also offer an opportunity for close examination of
international standards on forensic methods for the identification of human remains.
1
See recommendation g) of the Report of the Peruvian Truth and Reconciliation Commission. Volume IX Part Four:
Recommendations of the CVR: Toward a National Commitment to Reconciliation.