43
b.
to develop the possibilities of judicial remedy; and
c.
to ensure that the competent authorities shall enforce such remedies when
granted.
136. Furthermore, Articles 1, 6 and 8 of the Inter-American Convention to Prevent
and Punish Torture provide:
Article 1
The State Parties undertake to prevent and punish torture in accordance with the terms
of this Convention.
Article 6
In accordance with the terms of Article 1, the States Parties shall take effective
measures to prevent and punish torture within their jurisdiction.
The States Parties shall ensure that all acts of torture and attempts to commit torture
are offenses under their criminal law and shall make such acts punishable by severe
penalties that take into account their serious nature.
The States Parties likewise shall take effective measures to prevent and punish other
cruel, inhuman, or degrading treatment or punishment within their jurisdiction.
Article 8
The States Parties shall guarantee that any person making an accusation of having been
subjected to torture within their jurisdiction shall have the right to an impartial
examination of his case.
Likewise, if there is an accusation or well-grounded reason to believe that an act of
torture has been committed within their jurisdiction, the States Parties shall guarantee
that their respective authorities will proceed properly and immediately to conduct an
investigation into the case and to initiate, whenever appropriate, the corresponding
criminal process.
After all the domestic legal procedures of the respective State and the corresponding
appeals have been exhausted, the case may be submitted to the international fora
whose competence has been recognized by that State.
137. In the present case, the relatives of Mr. Bernabé Baldeón-García have
unsuccessfully exercised their right to fair trial in Peru, by repeatedly resorting to the
competent judicial authorities to denounce the events involved in this case (supra
para. 72(23) to 72(37)).
Based on these facts, the Commission and the
representatives alleged the violation of Articles 8 (Fair Trial) and 25 (Judicial
Protection) of the Convention, to the detriment of Guadalupe Yllaconza-Ramírez,
Crispín, Fidela, Roberto, Segundina, Miguelita, Perseveranda, Vicente and Sabina; all
of them members of the Baldeón-Yllaconza family. In view of the above, it is
necessary to examine the proceedings initiated locally to establish the facts and
identify the individuals responsible for the arrest, death and torture of the victim,
and to provide an appropriate compensation. The aforementioned examination must
be carried out in accordance with the provisions of Article 25 of the American
Convention and the procedural requirements set forth in Article 8 of the Convention
regarding the victim´s next of kin.
138. This Tribunal has decided to accept the State’s partial acknowledgement of
international responsibility regarding the violation of Article 8(1) (Fair Trial) of the
American Convention to the detriment of Guadalupe Yllaconza-Ramírez de Baldeón
and Crispín, Fidela, Roberto, Segundina, Miguelita, Perseveranda, Vicente and
Sabina, all of them members of the Baldeón-Yllaconza family, next of kin of Mr.
Bernabé Baldeón-García. Said acknowledgment only covers those violations
committed “from the date of the occurrence of such events until the commencement
of the transition to democracy” (supra para. 47). Thus, as represented by the State,
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