50
228.
Based on the foregoing considerations of fact and law, the Inter-American Commission
concludes that the Peruvian State is responsible for:
a)
The violation of the right to life enshrined in Article 4(1) of the American Convention, in
relation to Article 1(1) of that instrument, to the detriment of Eduardo Nicolás Cruz Sánchez, Herma Luz
Meléndez Cueva and Víctor Salomón Peceros Pedraza.
b)
The violation of the rights to due process guarantees and judicial protection enshrined in
Articles 8 and 25 of the American Convention, in relation to the obligations set out in Article 1(1) of that
instrument, to the detriment of the next of kin of the executed victims, namely Edgar Cruz Acuña and
Herma Luz Cueva Torres, namely Florentín Peceros Farfán, Nemecia Pedraza, Jenifer Solange Peceros
Quispe, Herma Luz Cueva Torres, Edgar Odón Cruz Acuña and Lucinda Rojas Landa.
c)
Failure to comply with Article 2 of the American Convention in relation to Articles 8 and 25
of that instrument.
d)
The violation of the right to personal integrity enshrined in Article 5(1) and 5(2) of the
American Convention, in relation to Article 1(1) of that instrument to the detriment of the next of kin of the
executed victims.
VI.
RECOMMENDATIONS
A.
In light of the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
RECOMMENDS THE STATE OF PERU,
1.
To make adequate reparations for the human rights violations declared in the instant
report in both their material and moral aspects.
2.
To conclude and conduct, respectively, an investigation in the ordinary jurisdiction of the
facts concerning the human rights violations declared in the instant report in relation to the direct
perpetrators and to conduct the investigations in an impartial and effective manner, and within a
reasonable time period, for the purpose of completely clarifying the facts, identifying all of the
masterminds and direct perpetrators and imposing the applicable punishments.
3.
Take all necessary administrative, disciplinary or criminal measures in response to the
acts or omissions of State officials that contributed to the denial of justice and impunity associated with
the facts of this case.
4.
Adopt the necessary measures to prevent a future recurrence of events such as these, in
accordance with the duty of prevention and guarantee of the human rights enshrined in the American
Convention. In particular, implement ongoing human rights programs in Armed Forces and National
Police training schools.