59
especially where children are concerned. We are referring to the lost or diminished capacity of adults to offer their
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children protection and security.”
265.
Based on the psychiatric reports submitted, the Commission has taken as fact that Mr. Galindo’s
wife, Irma Díaz de Galindo, and their son endured suffering as a consequence of the detention of her husband and
the father of their son. It has also taken as fact that the wife suffered a depressive neurosis and the son an
infantile depressive neurosis that necessitated psychological and pharmacological treatment as a result of Mr.
Galindo having to resign his office as magistrate on the Huánuco-Pasco Superior Court and being branded a
terrorist criminal by the President of the Republic in statements to the media, and the assertion that he had
claimed the benefit of the Repentance Law.
266.
The Commission observes that given the complaints that Mr. Galindo filed concerning his
unlawful and arbitrary detention, the State had an obligation to guarantee the right of his next of kin to personal
integrity through an effective investigation; the absence of an effective recourse constituted an added source of
suffering and anguish for the victims, one of whom was a child at the time of the events. Here, the Report of the
Truth and Reconciliation Commission pointed out that:
Injustice and impunity have a dispiriting effect. Because the public does not have the assurance of a system
that guarantees a fair trial that, in end, will punish those guilty of crimes, the public can end up feeling
defeated. As we previously commented, the sense of a loss of protection does not come solely from the
loss of loved ones or property; people can also feel that they are not being defended by the institutions
whose purpose is to protect them and ensure that they get justice. For many people, this lack of protection
instilled in them a sense of resignation and hopelessness borne of the certainty, learned from experience,
that no one would listen to and acknowledge their complaint, that the institutions were not going to take
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any action, and that they would again be mistreated.
267.
Consequently, the Commission concludes that in the instant case, the right to personal integrity
recognized in Article 5 of the American Convention, read in conjunction with Article 1(1) thereof, was violated to
the detriment of the wife and son of Mr. Galindo Cárdenas.
VI.
CONCLUSIONS
268.
Based on the considerations of fact and of law set forth throughout this report, the InterAmerican Commission concludes that the Peruvian State is responsible for violation of the rights to humane
treatment, personal liberty, judicial guarantees, freedom from ex post facto laws and non-retroactivity of the law,
and judicial protection, recognized in articles 5, 7, 8, 9 and 25 of the American Convention, read in conjunction
with the obligations established in articles 1(1) and 2 thereof, to the detriment of Mr. Luís Antonio Galindo
Cárdenas, and for violation of Article 5, to the detriment of his wife and son..
VII.
RECOMMENDATIONS
269.
Based on the above considerations,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS IS RECOMMENDING TO THE PERUVIAN STATE
THAT IT:
1.
Order that full reparations be made to Mr. Luis Antonio Galindo Cárdenas for the human rights
violations found in the present report. These reparations should include pecuniary and non-pecuniary damages. If
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Final Report of the Truth and Reconciliation Commission, 2003, PART THREE: THE AFTERMATH OF THE VIOLENCE, Chapter 1:
The psycho-social aftereffects, 1.2.1.5. Lack of protection and care, p. 194, available [in Spanish] at www.cverdad.org.pe/ifinal/index.php.
212 212
Final Report of the Truth and Reconciliation Commission, 2003, PART THREE: THE AFTERMATH OF THE VIOLENCE, Chapter 1:
The psychosocial aftereffects, 1.3.4.3. Indignation and despair in the face of impunity, p. 246 [Translation ours].