21
XVI
90.
In connection with the above-mentioned violations of the American Convention, the
Court considers that the Peruvian State is obliged to investigate the events that produced
them. Moreover, on the assumption that internal difficulties might prevent the identification
of the individuals responsible for crimes of this kind, the victim's family still have the right
to know what happened to him and, if appropriate, where his remains are located. It is
therefore incumbent on the State to use all the means at its disposal to satisfy these
reasonable expectations. In addition to this duty to investigate, there is also the duty to
prevent the commission of forced disappearances and to sanction those responsible for
them. These obligations on Peru shall remain in force until such time as they have been
fully performed (Neira Alegría et al. Case, supra 72, para. 69 and Operative Paragraph 4;
Caballero Delgado and Santana Case, supra 72, paras. 58 and 59; El Amparo Case,
Reparations (Art. 63(1) of the American Convention on Human Rights), Judgment of
September 14, 1996. Series C No. 28, para. 61, and Operative Paragraph 4).
XVII
91.
Article 63(1) of the Convention provides that:
If the Court finds that there has been a violation of a right or freedom protected by this
Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or
freedom that was violated. It shall also rule, if appropriate, that the consequences of the
measure or situation that constituted the breach of such right or freedom be remedied and that
fair compensation be paid to the injured party.
92.
It is evident in the instant Case that, given the irreversible nature of the damage
incurred, there is no possibility of guaranteeing the injured party enjoyment in integrum of
his right to personal liberty that has been violated. In that situation, the Court deems it
proper that reparation be made for the consequences of the violation of the rights specified
in this Case by the Court, including the payment of fair compensation. To that end, the
Court keeps the instant Case open so that reparations may be fixed at the appropriate
procedural stage.
XVIII
Now, therefore:
THE COURT,
DECIDES:
unanimously,
1.
That the State of Peru violated the right to personal liberty recognized in Article 7 of
the American Convention Human Rights, in relation to Article 1(1) thereof, to the detriment
of Ernesto Rafael Castillo-Páez.
unanimously,