previously studied by the Commission or by another international organization. Thus, the
requirements stipulated in Articles 46(1(c) and 47(d) are satisfied.
4.
Characterization of the facts
31. The Commission considers that the petitioners’ brief concerns facts that if true could
constitute a violation of rights guaranteed under the Convention.
32. In effect, the Commission observes that the petitioners argue that the intellectual authors
of the crimes denounced were never prosecuted. The petitioners contend that even though it
was shown that the orders came from superiors, the only persons prosecuted were the five
police offers who received the orders to execute the Gómez Paquiyauri brothers. The
intellectual authors of the crime, who radioed the orders to execute the victims, have never
been brought to justice, even through there is sufficient evidence linking them to the
homicides.
33. The Commission notes in this regard that Article 1 of the American Convention on Human
Rights establishes the obligation of States parties to respect the rights and freedoms
recognized therein to all persons subject to their jurisdiction and to ensure to them the free
and full exercise of those rights and freedoms. Because of the obligation to ensure the free and
full exercise of the rights and freedoms recognized in the Convention, States are obligated to
“prevent, investigate and punish any violation of the rights recognized by the Convention and,
moreover, if possible attempt to restore the right violated and provide compensation as
warranted for damages resulting from the violation.”.3
34. The obligation to investigate and punish any action that involves a violation of the rights
recognized by the Convention requires that the intellectual authors of human rights violations
be punished as well.4
35. Furthermore, on the matter of civil damages in the deaths of the young Emilio Moisés and
Rafael Samuel Gómez Paquiyauri, the IACHR notes that on November 29, 1993, the Third
Chamber of the Callao Superior Court handed down a ruling convicting the material authors of
the crimes and ordering them to pay the victims’ legal heirs a total of 20,000 new soles in the
form of civil damages. The Commission will give its finding on this matter in the report on the
merits, where it will examine the petitioners’ allegation to the effect that the convicted police
officers have not paid those civil damages and arguing that the State is responsible for
payment.
36. The Commission further observes that the petition concerns the alleged extrajudicial
execution of a 17-year old youth and a 14-year old boy. Exercising its authorities by virtue of
the principle iura novit curia, at its own initiative the Commission is deciding to study whether
the facts denounced might constitute a violation by Peru of the provisions of Article 19 of the
American Convention. Exercising that same authority and at its own initiative, the Commission
also decides to study whether the facts denounced could constitute a violation by Peru of
Articles 8 and 25 of the American Convention since, as previously noted, there have been
problems or omissions in the investigation into the intellectual authors of the extrajudicial
executions denounced in the instant case.
V.
CONCLUSIONS
37. The Commission concludes that it is competent to take cognizance of this case and that the
petition is admissible under Articles 46 and 47 of the American Convention.
3
IACtHR, Velásquez Rodríguez Case, Judgement of July 29, 1988, Series C No. 4, par.166.
See IACHR, Report N° 42/99, Hugo Muñoz Sánchez, Bertila Lozano Torres, Dora Oyaque Fierro, Luis Enrique Ortiz
Perea, Armando Richard Amaro Condor, Robert Edgar Teodoro Espinoza, Heráclides Pablo Meza, Felipe Flores Chipana,
Marcelino Rosales Cárdenas and Juan Gabriel Mariños Figueroa (La Cantuta), Case 11.045 (Peru) paragraphs 34-38.
See also IACtHR, Constitutional Court Case, judgment of September 29, 1999. Series C No. 71, para.123, and IACtHR,
Blake Case, Reparations, Judgment of January 22, 1999, Series C No. 48, par. 65
4
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