55 VI. CONCLUSIONS Based on the foregoing factual and legal considerations, the Commission concludes that the Republic of Peru is responsible for breach of its obligations to prevent violations and ensure: 1. The rights to personal liberty, humane treatment, life and juridical personality in accordance with Articles 7, 5, 4, and 3 of the American Convention, in conjunction with Article 1(1) of said instrument, to the detriment of the adults Francisco Hilario Torres; his wife, Dionicia Quispe Malqui; their daughters, Antonia and Magdalena Hilario Quispe; and their daughter-in-law, Mercedes Carhuapoma de la Cruz; Ramón Hilario Morán and his wife Dionicia Guillén; and Elihoref Huamaní Vergara; as well as the children: Yessenia, Miriam and Edith Osnayo Hilario; Wilmer Hilario Carhuapoma; Alex Jorge Hilario; and the brothers Raúl and Héctor Hilario Guillén; 2. the rights of the child in accordance with Article 19 of the American Convention, in conjunction with Article 1(1) thereof, to the detriment of the children: Yessenia, Miriam and Edith Osnayo Hilario; Wilmer Hilario Carhuapoma; Alex Jorge Hilario; and the brothers Raúl and Héctor Hilario Guillén; 3. the rights of the family recognized in Article 17 of the American Convention, in conjunction with Article 1(1) thereof, to the detriment of the disappeared persons: Dionicia Quispe Malqui; her daughters, Antonia and Magdalena Hilario Quispe; and her daughter-in-law, Mercedes Carhuapoma de la Cruz; Ramón Hilario Morán and his wife, Dionicia Guillén; and Elihoref Huamaní Vergara, as well as the children: Yessenia, Miriam and Edith Osnayo Hilario; Wilmer Hilario Carhuapoma, Alex Jorge Hilario, and the brothers Raúl and Héctor Hilario Guillén; and their next-of-kin: Zósimo Hilario Quispe, Marcelo Hilario Quispe, Gregorio Hilario Quispe, Zenón Cirilo Osnayo Tunque, Víctor Carhuapoma de la Cruz, Ana de la Cruz Carhuapoma, Viviano Hilario Mancha, Dolores Morán Paucar, Justiniano Guillén Ccanto, Victoria Riveros, Marino Huamaní Vergara, and Alejandro Huamaní Robles; 4. the right to a fair trial and judicial protection recognized in Articles 8 and 25 of the American Convention, taken in conjunction with Article 1(1) thereof, Article 1 of the Inter-American Convention on Forced Disappearance of Persons, and Articles 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, to the detriment of the disappeared persons and their next-of-kin; 5. Articles 8(1) and 25 of the American Convention in connection with the provisions set forth in Articles 1(1) and 2 thereof and in Article III of the Inter-American Convention on Forced Disappearance of Persons, to the detriment of the victims and their next-of-kin. 6. The right to humane treatment of the victims’ next-of-kin recognized in Article 5 of the American Convention, in connection with Article 1(1) of that instrument. VII. RECOMMENDATIONS 262. Based on the analysis and conclusions contained in the instant report, the Inter-American Commission on Human Rights recommends that the Peruvian State: 1. Provide adequate reparation for the human rights violations found in the instant report in material as well as moral respects that take into account the special condition of the seven child victims in the case, including fair compensation, elucidation and circulation of the historical truth of the events, remembrance of the disappeared victims, and implementation of an adequate program of psychosocial care for the next-of-kin of the disappeared victims. 2. Establish a mechanism that, to the extent possible, enables complete identification of the disappeared victims and the return of the mortal remains of those victims to their families. 3. Carry out and conclude, as appropriate, the domestic proceedings connected with the human rights violations found in the instant report and pursue the investigations in an impartial and effective manner

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