274. Although the Court has already ordered the Peruvian State to provide permanent training
courses on human rights to members of the Police and the Armed Forces in the cases of La
Cantuta 396 and Anzualdo Castro, 397 there is no record that, to date, these measures have been
complied with fully. Given that education on human rights within the Armed Forces is crucial in
order to guarantee the non-repetition of facts such as those of the instant case, the Court finds it
pertinent to order the State to implement, within a reasonable time, permanent programs on
human rights and international humanitarian law in the training schools of the Armed Forces,
including, specifically, issues relating to the enforced disappearance of persons and control of
conformity with the Convention.
4.
Other measures
275. The representatives asked that the Court to order the State, when evaluating and ratifying
judges, to use criteria relating to their performance as regards their knowledge and application of
international standards for the investigation of gross human rights violations. In addition, they
indicated that a special subsystem should be created for the investigation and prosecution of gross
human rights violations, composed of judges knowledgeable in international standards, whose
performance of their function should be permanently evaluated. The also asked the Court to order
the State to name a street, square or school in the city of Cajatambo after Jeremías Osorio Rivera.
Furthermore, they asked that manuals used for training the Armed Forces personnel be compatible
with the international standards for detentions and the treatment of detainees while in their
custody. They added that, although the Court has ordered the Peruvian State to organize
permanent training courses for members of the Police and Armed Forces during other proceedings
before the Court, on those occasions it had not referred to the amendment of military manuals,
directives and doctrine.
276. Regarding these other measures of reparation that have been requested, the Court
considers that the delivery of this Judgment and the reparations ordered in this chapter are
sufficient and appropriate to remedy the violations suffered by the victims and does not find it
necessary to order the said measures.
D.
Compensation
1.
Pecuniary damage
a)
Loss of earnings
277. The representatives indicated that Jeremías Osorio Rivera was 28 years old at the time of
his disappearance and, based on available data, in 1991 male life expectancy in rural areas was
58.91 years. Therefore, if he had not disappeared, he could have lived another 31 years. Given
that he worked as a farmer, and raised and sold animals, the representatives made their
calculation on the basis of the minimum wage in Peru, and requested the sum of US$57,020.73 for
loss of earnings.
278. The State affirmed that none of the rights recognized in the American Convention had been
violated and indicated its profound disagreement with the large sums requested by the
representatives arguing that, “[t]his type of claim seeks to convert the […] Court into a financial
entity, which is not in keeping with the object and purpose of its functions.” In its final written
396
Cf. Case of La Cantuta v. Peru, supra, para. 240.
397
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs, supra, para. 193.
92
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