14
them. She found out on the radio about the uprisings in El Frontón on June 18, 1986.
Once at Callao, many prisoners' relatives were shouting for them not to be killed,
but they could see too much smoke on the island. Around 10:00 a.m., the police
and the army, wearing hoods, took away the prisoners' relatives who were at Callao
on trucks. So she stayed until 3:00 or 4:00 p.m., but she did not know anything
about what had happened to her relatives in the incident. She did not know about
their relatives’ fate on the media. Her attorney indicated that they were maybe
taken to San Lorenzo or that they were set free. They filed an habeas corpus
recourse before the Callao Court. She looked for their names in the list of deceased
people during the riots, that were available at the Palace of Justice, but she was not
able to find them there. She went to the Central Morgue where corpses were taken
after the uprisings, but her relatives’ bodies were not there. Those at the Central
Morgue were “all burned, head and hair burned too, some of them were crushed and
some destroyed”. She was not able to find them either among the corpses at
Huachipa cemetery where she looked among the dead bodies.
None of the
authorities gave her an explanation about her relatives' fate. Their bodies were
never given to her and on the newspaper she found out that after the riots her son
and brother were declared judicially not guilty. Later on, she suffered from a partial
paralysis of her body and was hospitalized for several months and stated that she
was afraid for what could happen to her after submitting her statement before the
Court.
VII
EVIDENCE ASSESSMENT
44.
Once evidence described was gathered, the Court shall determine the general
criteria, most of them developed by the jurisprudence of this Tribunal, about
evidence appraisal in this case.
45.
In an international tribunal such as the Inter-American Court whose one of
the main tasks is to protect human rights, the proceedings had some peculiarities
that differentiated it from a national law process, being the latter less formal and
more flexible than this one, without disregarding legal certainy and process balance
between the parties. 8
46.
On the other hand, it is necessary to bear in mind how international
jurisdiction of human rights differs from penal justice and must not be confused with
it. Whenever the States submit themselves before the Court, they are never
subjected to a criminal proceeding because the Court does not punish liable parties
for the violation of human rights. On the contrary, its function is to declare that a
human right has been violated to the detriment of some persons, to protect the
victim and to determine the reparation of damages caused by the States submitted
to the international responsibility resulting from said violation. 9
8
cf. Castillo Petruzzi et al Case. Judgment of May 30, 1999. Series C No. 52, para. 60; Castillo
Páez Case. Reparations (art. 63(1) Inter-American Convention on Human Rights). Judgment of November
27, 1998. Series C No. 43, para. 38; Loayza Tamayo Case. Reparations (art. 63(1) Inter-American
Convention on Human Rights). Judgment of November 27, 1998. Series C No. 42, para. 38; Paniagua
Morales et al Case. Judgment of March 8, 1998. Series C No. 37, para. 70; Caballero Delgado and
Santana Case, Preliminary Objections. Judgment of January 21, 1994, Series C No. 17, para. 44; and
Cayara Case, Preliminary Objections. Judgment of February 3, 1993. Series C No. 14, para. 42.
9
cf. Paniagua Morales et al Case, supra note 8, para. 71; Suárez Rosero Case, Judgment of
November 12, 1997. Series C No. 35, para. 37: Fairen Garbi and Solís Corrales Case. Judgment of March