46 119. For the aforementioned reasons, the Court finds that the State violated Article 5 of the American Convention, in combination with Article 1(1) of this same Convention, to the detriment of Marcelina Paquiyauri Illanes de Gómez; Ricardo Samuel Gómez Quispe; Marcelina Haydeé, Ricardo Emilio, Carlos Pedro, Lucy Rosa and Miguel Ángel, all of them Gómez Paquiyauri; and Jacinta Peralta Allccarima. XI RIGHT TO LIFE ARTICLE 4 IN COMBINATION WITH ARTICLE 1(1) Pleadings of the Commission 120. The Commission asked the Court to find the State responsible for violating Article 4, in combination with Article 1(1), both of the American Convention, to the detriment of Emilio Moisés and Rafael Samuel Gómez Paquiyauri, because: a) the right to life entails for the States the obligation not only to respect it, but also to ensure it. Pursuant to Article 1(1) of the American Convention, the State has the obligation to ensure the right to life and, for this, it must forestall violations of said right and investigate and punish those responsible and provide reparations to the victims or their next of kin, when those responsible were agents of the State; b) in the instant case the State international obligations because, while were punished, the whereabouts of the duly investigated nor did the next of compensation; “only complied in part” with its the direct perpetrators of the facts mastermind of those facts was not kin of the alleged victims receive c) lack of an adequate investigation of the whereabouts of the mastermind is especially significant in the framework of a practice of extralegal executions, as it constitutes a means to support the impunity that generally exists regarding said violations; d) in this framework, in cases regarding which “there is much public and judicial pressure,” the armed or police institutions “hand over” the lower agent levels who “undertake a commitment not to accuse their superiors” in exchange for legal advice and other benefits, such as reentry into the institution where they worked once they regain their freedom; and e) in the domestic trial, “it was established that various members of the Peruvian National Police, including [the alleged mastermind], coordinated with the direct perpetrators their account of the facts, and the legal assistance that the policemen [involved] in the proceeding would receive.” When the direct perpetrators were imprisoned, Captain César Augusto Santoyo Castro, the alleged mastermind, also “gave them financial assistance.”

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