2
5.
Miguel Ángel Gómez Paquiyauri, will make a statement concerning “the
facts and circumstances immediately preceding the [alleged] detention, torture
and murderr of Emilio and Rafael Gómez Paquiyauri, and also on the impact
that the [alleged] violations suffered by the [alleged] victims have had on
himself as a next of kin of the [alleged] victims.
[…]
8.
Jacinta Peralta Allccarima, will make a statement concerning “the
impact that the [alleged] torture and [the alleged] assassination of Rafael
Gómez [Paquiyauri] has had on his daughter who is a minor.”
[…]
4.
The public hearing held in the instant case at the seat of the Court on May 5,
6 and 7, 2004.
5.
The statement made by the witness, Ángel del Rosario Vásquez Chumo,
during the public hearing (supra fourth having seen paragraph), in which he stated:
I was intimidated, coerced and threatened so that I would not tell the truth about the
facts, but […] I wanted the hearing of the oral proceeding to begin at once so that I
could tell how the events occurred. When the oral proceeding took place, after two
years, I told everything about how the events occurred; when I got out of prison and
was able to return to society, all doors were closed to me, because I was simply
identified as “vaca’e chumbo” and all doors were closed to me […].
I ask you to help me ensure that no reprisals are taken against me and my family,
because there were threats some time ago and now, well, to hide the things that have
occurred; afterwards they make take reprisals against me and my family.
6.
The statements made by the witnesses, Lucy Rosa Gómez Paquiyauri,
Marcelina Paquiyauri Illanes de Gómez, Ricardo Samuel Gómez Quispe, Miguel Ángel
Gómez Paquiyauri and Jacinta Peralta Allccarima, all next of kin of the alleged
victims in this case, during the public hearing (supra fourth having seen paragraph),
in which they indicated that they had been persecuted and harassed following the
events of the case.
7.
The brief of May 7, 2004, in which the representative of the alleged victims
and their next of kin requested the Court “to take the measures it deems appropriate
to ensure that[,] both the members of the Gómez Paquiyauri family who have
appeared as witnesses in the hearing on this case held by the Court[,] and those
who are in Peru[,] do not suffer reprisals for their situation as [alleged] victims in
this case, or harassment or persecution, by intrusion into their homes with coercion
and threats.” In this brief, the representative of the alleged victims and their next
of kin indicated that the Gómez Paquiyauri family had previously reported repeated
visits from State agents, “warning the family, with threats, to accept and sign
documents withdrawing the litigation before the Court” in this case.
CONSIDERING:
1.
That the State of Peru (hereinafter “the State” or “Peru”) has been a State
party to the American Convention on Human Rights since July 28, 1978, and
accepted the obligatory jurisdiction of the Court on January 21, 1981.
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