54
violations committed against their loved ones
230
relation to the facts.
229
and of subsequent acts or omissions by the State authorities in
259.
The Commission notes that, in keeping with the Court's case law, “in cases involving forced
disappearance of people, it can be understood that the violation of the right to mental and moral integrity of the
victim's next-of-kin is, precisely, a direct consequence of that event, which causes them severe suffering and is
made worse, inter alia, by the continued refusal of State authorities to supply information on the victim's
231
whereabouts or to conduct an effective investigation to elucidate the facts.”
260.
Consequently, in light of the events surrounding the forced disappearances, the State had the
obligation to ensure the right to humane treatment also to the next-of-kin by conducting effective investigations,
the absence of effective remedies constituted a source of additional suffering and anguish not only for the victims,
seven of whom were children at a young age at the time of the events, but also for their next-of-kin. The
Commission has verified all the attempts made before the various State institutions and offices by the families
following the disappearance of the 15 victims, for the purposes of determining their whereabouts and
investigating and punishing the alleged culprits.
261.
Bearing in mind that in some cases the Court has considered that the continued deprivation of
the truth concerning the fate of a disappeared person constitutes a form of cruel and inhuman treatment for the
232
close family, the Commission concludes that in the instant case there was a violation of the right to humane
treatment of the next of kin of the victims as enshrined in Article 5 of the American Convention, in connection with
Article 1(1) thereof, to the detriment of: Zósimo Hilario Quispe (son of Francisco Hilario Torres and Dionicia Quispe
Malqui; brother of Antonia Hilario Quispe and Magdalena Hilario Quispe; and uncle of six-year-old Alex Jorge
Hilario), Marcelo Hilario Quispe (husband of Mercedes Carhuapoma de la Cruz; father of three-year-old Wilmer
Hilario Carhuapoma; brother of Antonia Hilario Quispe and Magdalena Hilario Quispe; uncle of six-year-old Alex
Jorge Hilario; and son of Francisco Hilario Torres and Dionicia Quispe Malqui), Gregorio Hilario Quispe (son of
Francisco Hilario Torres and Dionicia Quispe Malqui; brother of Antonia Hilario Quispe and Magdalena Hilario
Quispe, and uncle of six-year-old Alex Jorge Hilario), Zenón Cirilo Osnayo Tunque (husband of Antonia Hilario
Quispe and father of six-year-old Yessenia, three-year-old Miriam, and eight-month-old Edith Osnayo Hilario),
Víctor Carhuapoma de la Cruz (brother of Mercedes Carhuapoma de la Cruz and uncle of three-year-old Wilmer
Hilario Carhuapoma), Ana de la Cruz Carhuapoma (mother of Mercedes Carhuapoma de la Cruz and grandmother
of three-year-old Wilmer Hilario Carhuapoma), Abilio Hilario Quispe (son of Ramón Hilario Morán and stepbrother
of six-year-old Héctor Hilario Guillén and 18-month-old Raúl Hilario Guillén), Viviano Hilario Mancha and Dolores
Morán Paucar (father and mother of Ramón Hilario Morán), Justiniano Guillén Ccanto and Victoria Riveros Valencia
(father and mother of Dionisia Guillén Ribero), and Marino Huamaní Vergara and Alejandro Huamaní Robles
(brother and father, respectively, of Elihoref Humani Vergara).
229
I/A Court H.R., Case of the Miguel Castro-Castro Prison v. Peru. Merits, Reparations and Costs. Judgment of
November 25, 2006. Series C, No. 160, par. 335; Case of Vargas-Areco v. Paraguay. Merits, Reparations and Costs. Judgment of
September 26, 2006. Series C, No. 155, par. 96; and Case of Goiburú et al. v. Paraguay. Merits, Reparations and Costs. Judgment
of September 22, 2006. Series C, No. 153, par. 96.
230
I/A Court H.R. Case of Manuel Cepeda Vargas v. Colombia. Preliminary Objections, Merits and Reparations
Judgment of May 26, 2010. Series C, No. 213, par. 195.
231
I/A Court H.R., Case of Blake v. Guatemala, Merits. Judgment of January 24, 1998. Series C, No. 36. par. 114; Case
of Ticona Estrada et al v. Bolivia. Merits, Reparations and Costs. Judgment of November 27, 2008. Series C, No. 191, par. 87;
Case of La Cantuta v. Peru. Merits, Reparations and Costs. Judgment of November 29, 2006. Series C, No. 162, par. 123; Case of
Anzualdo Castro v. Peru, Judgment of September 22, 2009, Series C No. 202, par. 105.
232
Case of Trujillo Oroza v. Bolivia. Reparations and Costs. Judgment of February 27, 2002. Series C, No. 92, par. 114;
Case of La Cantuta v. Peru. Merits, Reparations and Costs. Judgment of November 29, 2006. Series C, No. 162, par. 125; Case of
Anzualdo Castro v. Peru, Judgment of September 22, 2009, Series C No. 202, par. 113.