17
Alejandro, Nelly María Rubina Arquiñigo, Odar Mender Sifuentes
Nuñez, Benedicta Yanque Churo, and with regard to Natividad
Condorcahuana Chicaña, Felipe León León, Tomás Livias Ortega and
Alfonso Rodas Alvítez, as a result of the promulgation and application
of Amnesty Laws No. 26479 and No. 26492.
3.
To find, in accordance with the terms of the State’s recognition of
international responsibility, that the State failed to comply with Articles 1(1) and 2 of
the American Convention on Human Rights as a result of the promulgation and
application of Amnesty Laws No. 26479 and No. 26492 and the violation of the
articles of the Convention mentioned in operative paragraph 2 of this judgment.
4.
To find that Amnesty Laws No. 26479 and No. 26492 are incompatible with
the American Convention on Human Rights and, consequently, lack legal effect.
5.
To find that the State of Peru should investigate the facts to determine the
identity of those responsible for the human rights violations referred to in this
judgment, and also publish the results of this investigation and punish those
responsible.
6.
To order that reparations shall be established by mutual agreement between
the defendant State, the Inter-American Commission and the victims, their next of
kin or their duly accredited legal representatives, within three months of the
notification of this judgment.
7.
To reserve the authority to review and approve the agreement mentioned in
the previous operative paragraph and, should no agreement be reached, to continue
the reparations procedure.
Judge Cançado Trindade and Judge García Ramírez informed the Court of their
Concurring Opinions, which accompany this judgment.
Done at San Jose, Costa Rica, on March 14, 2001, in the Spanish and English
languages, the Spanish text being authentic.
Antônio A. Cançado Trindade
President
Máximo Pacheco-Gómez
Hernán Salgado-Pesantes
Alirio Abreu-Burelli
Sergio García-Ramírez
Carlos Vicente de Roux-Rengifo