policies in relation to the use of force and identify strategies to implement the Basic Principles
on the Use of Force and the Code of Conduct.501 Moreover, the State must provide courses for
its agents to ensure they know the legal provisions that allow the use of firearms and that they
have adequate training so that if they are ever faced with a decision on whether to use them,
they have the necessary knowledge to do so. 502
471. As for the request to adopt suitable protocols that limit the use of force by security
officers, the Court cautions that it has not declared a violation of the American Convention
based on a failure to upgrade legislation on the use of force. The Court understands, in this
regard, that there is no causal nexus with the facts of the case at hand, as the planning of
operation “Nipón 96” was a reaction to exceptional circumstances unrelated to the daily work
of security forces. This is why the Court finds that such a measure would out of order.
472. The Court recalls, regarding the request to order human rights training for members of
the military and the police, that it has already ordered the State of Peru to hold ongoing human
rights training courses to military and police forces in the cases of La Cantuta,503 Anzualdo
Castro,504 Osorio Rivera505 and Espinoza Gonzales,506 and therefore it would be unnecessary to
order the same measure in this case.
473. As for the request to adopt or revise appropriate protocols for investigating violations
involving the right to life and the right to personal integrity, the State submitted copies of
several protocols507 developed for the investigation of violent death, torture, the scene of the
crime, and more, which are already being used by the Forensic institute and the National
Directorate of Criminology. The Inter-American Commission and the representatives said
nothing about any of the instruments submitted by the State. The Court recalls that the State
must prevent the recurrence of human rights violations such as those that occurred in the
instant case, and with this intent, adopt all necessary legal, administrative and other types of
measures to prevent similar incidents from occurring in the future.
474. The Court has ordered the States in other cases to upgrade the parameters for
investigating extrajudicial executions and torture and for conducting forensic examinations,
based on international standards.508 In the instant case, the Court holds that the State must
continue with the process of implementing effective protocols for investigation of violations
involving the right to life as provided in relevant international standards, such as the United
Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and
Summary Executions. It must also provide the institutions responsible for preventing and
investigating extrajudicial executions with sufficient human, economic, logistical and scientific
Cf. Case of Montero Aranguren et al. (Detention Center of Catia) v. Venezuela, supra, para. 75, and Case of
Landaeta Mejías Brothers et al. v. Venezuela, supra, para. 126.
501
Cf. Case of the Caracazo v. Venezuela. Reparations and Costs, supra, para. 143(4)(a), and Case of Landaeta
Mejías Brothers et al. v. Venezuela, supra, para. 126.
502
503
Cf. Case of La Cantuta v. Peru, supra, para. 240.
504
Cf. Case of Anzualdo Castro v. Peru, supra, para. 193.
505
Cf. Case of Osorio Rivera and family v. Peru, supra, para. 274.
506
Cf. Case of Espinoza Gonzáles v. Peru, supra, paras. 236 and 327.
Cf. Forensic protocols and manuals (evidence file, volumes IX, X and XI, annex 3 to the State’s answering
brief, folios 6140 to 7208).
507
Cf. Case of Carpio Nicolle et al. v. Guatemala. Merits, Reparations and Costs. Judgment of November 22,
2004. Series C No. 117, para. 135, and Case of Gutiérrez Soler v. Colombia. Merits, Reparations and Costs. Judgment
of September 12, 2005. Series C No. 132, paras. 109 and 110.
508
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