65
release because such a preventive measure is for the competent domestic court to
adopt.
222.
In an earlier case, the Court held that the State
is obliged in accordance with the general duties to respect rights and adopt provisions
under domestic law (Article 1(1) and (2) of the Convention), to adopt such measures as
may be necessary to ensure that violations such as those established in the instance
case never again occur in its jurisdiction.113
This Court also found that domestic laws that place civilians under the jurisdiction of
the military courts are a violation of the principles of the American Convention.
Therefore, the State is to adopt the appropriate measures to amend those laws and
ensure the enjoyment of the rights recognized in the Convention to all persons within
its jurisdiction, without exception.114
223. As for the Commission’s request that the victims be compensated, the Court
considers that the State must pay the expenses and costs that the victims’ relatives
incurred by reason of these proceedings. To that end, based on principles of equity,
the Court estimates those costs and expenses to be a total of US$10,000.00 (ten
thousand United States dollars), or its equivalent in Peru’s national currency.
Consequently, each of the four family groups concerned would receive US$2,500.00
(two thousand five hundred United States dollars).
224. For execution of the order of the Court set out in the preceding paragraph,
the Court shall call upon the Inter-American Commission on Human Rights to
determine which relatives of the victims incurred expenses and costs in connection
with these proceedings and to so inform the State so that it might disburse the
corresponding payments.
225. As for other forms of compensation, the Court considers that the present
judgment is in itself a meaningful and important form of compensation and moral
satisfaction for the victims and their relatives.115
XVII
OPERATIVE PARAGRAPHS
226.
Now therefore,
THE COURT
Unanimously
1.
Finds that in the instant case, the State did not violate Article 20 of the
American Convention on Human Rights.
Unanimously
113.
Suárez Rosero Case, supra note 80, para. 106.
114.
Suárez Rosero Case, supra note 80, para. 87.
115.
Suárez Rosero Case, Reparations, supra note 17, para. 72.