41
i)
the right to justice requires not only that domestic proceedings be
instituted but also that such proceedings result in a decision within a
reasonable time;
j)
in cases like the one before this Court, it is the duty of the authorities
to act on its own motion and initiate and follow through the investigation,
thus preventing this burden from being placed on the next of kin;
k)
“fourteen years after the events, the criminal case is still at the
investigation stage and no formal charges have been brought against any of
the persons responsible for these acts, nor have they been punished. The
case has been passed on from one attorney’s office to the next, which has
caused unnecessary delays and has made proceedings more burdensome;”
l)
“the omission by the Peruvian State to provide the victim’s next of kin
with a judicial investigation conducted by an independent and impartial court
has, in practice, turned their right to compensation materially impossible;”
m)
in accordance with Peruvian Law, compensation for damages caused
by an illegal act typified under criminal law is subject to the determination of
the crime in a criminal proceeding;”
n)
the victim’s family and the society as a whole must be informed of the
facts related to human rights violations;
o)
“[t]he prevailing impunity in the instant case is so apparent that more
than thirteen years after the death of the victim had to go by for the military
authorities to provide information on the possible identities of the soldiers and
members of the Peruvian army troop nicknamed ‘moreno’, ‘Lieutenant J.
Morán', and ‘gitano’; and once this information became available, the
Peruvian authorities did not reopen the investigation despite the news and the
significance of the data provided by the Second Military Region Command;”
p)
the fact that the State argued to have reopened the investigation did
not prevent the bodies of the Inter-American system from hearing a case
already instituted pursuant to the Convention due to the international liability
that arises from an alleged act entailing such liability;
q)
the investigation undertaken in the year 2000 by the Fiscalía Provincial
de Vilcashuamán (Vilcashuamán Province General Attorney’s Office) at the
insistence of the Baldeón-Yllaconza family “has not been completed nor has it
yielded any specific results due to the [alleged] lack of collaboration on the
part of the State itself in the identification of the soldiers and members of the
troop that have [allegedly] committed the human rights violations against the
victim and due to the [alleged] disappearance of essential evidence through
the passing of time;”
r)
the terms of the State’s acquiescence do not “prevent the examination
of 'all the judicial proceedings in order to have a clear idea of the same and
determine whether such proceedings are contrary to the standards regarding
the judicial protection and guarantees and the right to an effective remedy
[’];” and
s)
the analysis of the reasonableness of the duration of proceedings must
cover the whole process.
Argument of the representatives
132. With respect to the alleged violation of Articles 8 and 25 of the Convention, to
the detriment of Mr. Bernabé Baldeón-García’s next of kin, the representatives raised
the same arguments offered by the Commission and added that:
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos