6
Inge Genefke; and
Hans Petter Houguen.
Even though he was summoned by the President, one witness did not appear before
the Court to render his testimony.4
29.
During the public hearing both the State and the representative of the alleged
victims filed various documents (infra para. 46).
30.
On June 7, 2004 the Commission and the State submitted their final written
pleadings. The representative did so on June 11, 2004.
31.
On June 14, 2004 the Secretariat, under instructions by the President, asked
the State and the representative of the alleged victims and their next of kin to
submit, no later than June 21, 2004, certain documents as evidence to facilitate
adjudication of the case regarding the merits and reparations and costs.
32. On June 21, 2004 the representative of the alleged victims and their next of kin
submitted the documentary evidence that had been requested as evidence to
facilitate adjudication of the case, under instructions by the President.
33. At the time the instant judgment was rendered, the State had not submitted the
evidence requested (supra para. 31).
V
PROVISIONAL MEASURES
34.
During the public hearing (supra para. 28), witness Ángel del Rosario Vásquez
Chumo stated that:
[I] was intimidated, subjected to pressure, [...] I was threatened so that I would not tell
the truth about the facts, but [...] I wanted the hearing of the oral trial to begin once
and for all to say how the events happened. When the oral trial took place after two
years, I said everything about how the events happened, when I left the penitentiary to
reenter society, the doors were closed, as they simply identified me as “vaca’e chumbo”
and closed the doors on me […].
[I] ask you [to] help [me] to avoid reprisals against my family and against myself,
because there was intimidation long before and now, well to hide the things that have
happened, afterwards they may take reprisals against me and my family.
35.
During the public hearing (supra para. 28), witnesses Lucy Rosa Gómez
Paquiyauri, Marcelina Paquiyauri Illanes de Gómez, Ricardo Samuel Gómez Quispe,
Miguel Ángel Gómez Paquiyauri, and Jacinta Peralta Allccarima, all next of kin of the
alleged victims in the instant case, also stated that they have suffered persecution
and harassment after the facts of the case.
36. On May 7, 2004, the representative of the alleged victims and their next of kin
asked the Court to “take whatever measures it deem[ed] appropriate for [...] the
members of the Gómez Paquiyauri family […] not to suffer reprisal due to their
position as [alleged] victims in this case, or harassment with pressures and threats
at their domicile” to urge them to “accept” friendly settlements, by the Agent of the
Peruvian State or other agents of the State in this proceeding.
4
Juan Valdelomar Quiroz Chávez.