55
the Commission and the representatives, as well as the State’s observations thereof,
in light of the criteria embodied in the Court’s case-law in connection with the nature
and scope of the obligation to make reparations 217, in order to adopt the measures
required to redress the damage caused to the victims.
A)
Injured Party
174. The Commission requested the Court to consider Mr. Anzualdo Castro, in his
capacity as direct victim of the forced disappearance, as beneficiary of the right to
reparation and it identified his father, mother and siblings as the beneficiaries. The
representatives agreed with the Commission in that regard and the State did not
refer to this specific aspect.
175. The Court considers as "injured party”, under the terms of Article 63(1) of the
Convention, Kenneth Ney Anzualdo Castro; his father, Félix Vicente Anzualdo Vicuña;
his mother, Iris Isabel Castro Cachay de Anzualdo (dead); his sister, Marly Arleny
Anzualdo Castro and his brother, Rommel Darwin Anzualdo Castro, all of them as
victims of the facts that constituted the forced disappearance of Mr. Anzualdo Castro.
Therefore, they shall be beneficiaries and shall be entitled to the reparations as may
be set by the Tribunal as compensation for pecuniary and non-pecuniary damage.
B)
Obligation to investigate into the facts and identify
prosecute and, if applicable, punish the responsible
B.1) Investigation, determination, prosecution and, if applicable,
punishment of all the perpetrators and instigators.
176. The Inter-American Commission requested the Court to order the State to
conduct a thorough, impartial, effective and prompt investigation of the facts in
order to identify and punish all the perpetrators and instigators. The representatives
also requested the Court to order the State to guarantee the next-of-kin of the
victim "the full access and capacity in all the procedural instances” and to publicly
and broadly disseminate the results of the investigations.
177. In the final oral arguments, the representatives considered it was convenient
for the Court to decide over “the specific obligations of the States Parties to the
Convention to investigate and punish the crimes against humanity and, specially,
the forced disappearance.” Likewise, they requested the Court to recall its case-law
regarding the “incompatibility of amnesty laws and other factors excluding
responsibility with the American Convention”, since in “November 2008, Bills Nº
2844/2008 and 2848/2008 were presented to the Congress, which constitute a serious
threat to the fight against impunity in Peru.” They pointed out that it was confirmed
by the witness Carlos Rivera Paz, who informed that "the president of the Defense
Commission of the Congress [...] has publicly proposed a new amnesty law for
military officers being investigated and accused of having committed human rights
violations”218.
217
Cf. Case of Velásquez Rodríguez V. Honduras. Reparations and Costs, supra note 212, para. 25-27;
Case of Garrido and Baigorria V. Argentina. Reparations and Costs. Judgment of August 27, 1998. Series
C No. 39, para. 43; Case of “White Van” (Paniagua Morales et al.) V. Guatemala; Reparations and Costs;
supra note 9, para. 76-79.
218
4379).
Cf. Affidavit of Carlos Martin Rivera Paz of March 17, 2009 (record of evidence, volume XI, page
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