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72(41) The whole family has suffered because of what happened to their beloved
one and also because justice has not been served in this case. Their suffering is
partly based on the unexpected nature of the events, which makes it more difficult to
cope with them. In relation to the death of Mr. Baldeón-García, his next of kin have
expressed feelings of anger, grief, despair, vulnerability and hopelessness.
72(42) As a result of the events described herein, the whole family, except for the
oldest sister, Fidela, left the community to move to Lima. Therefore, the family has
lost not only their beloved one but also their home ground, thus becoming de facto
displaced people. On account of this displacement, their standard of living has
worsened and they have had difficulty finding a stable job.
72(43) The lack of justice has raised questions in their minds about the safety and
protection provided by the Government.
f)
Representation before domestic courts and the Inter-American System for
Human Rights Protection
72(44) Mr. Baldeón-García’s next of kin have been represented by APRODEH (Human
Rights Organization) in domestic proceedings as well as before the Commission and
the Court; therefore, said organization has incurred certain expenses in connection
with such proceedings. In addition, Mr. Baldeón-García’s family has incurred a
number of expenses in connection with the complaints and other proceedings before
several Peruvian courts.
VIII
ARTICLE 4 OF THE AMERICAN CONVENTION
(RIGHT TO LIFE)
IN RELATION TO ARTICLE 1(1) THEREOF
Argument of the Commission
73.
With respect to Article 4 of the Convention, in relation to Mr. Bernabé
Baldeón-García, the Commission stated, inter alia, that:
a)
the alleged victim died while in the custody of the State, at a time
when a “scheme of extralegal executions was in place in the Department of
Ayacucho attributable to State officials;”
b)
the circumstances surrounding his death “required that the relevant
authority establish, by applying the principles and techniques of forensic
science, the cause, manner, time and place of death, through an autopsy
performed by a physician and duly recorded in the relevant register;”
c)
the State failed to take the minimum steps required by international
standards to investigate into the facts and find out the truth behind the
events leading up to the suspicious death of the victim;
d)
none of the “alleged ‘tests’ were performed with the scientific rigor that
should characterize this kind of practices;” and
e)
the examination of the corpse was performed by a person that had no
“formal training in medicine or related science.”