2
León, Tomás Livias Ortega and Alfonso Rodas Alvítez. Furthermore, it requested the
Court to decide whether the State of Peru had violated Articles 8 (Right to a Fair
Trial), 25 (Judicial Protection) and 13 (Freedom of Thought and Expression) of the
American Convention as a consequence of the promulgation and application of
Amnesty Laws No. 26479 and No. 26492. Lastly, it requested the Court to determine
whether Peru had failed to comply with Articles 1(1) (Obligation to Respect Rights)
and 2 (Domestic Legal Remedies) 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 rights indicated above.
The Commission also requested the Court to call on Peru:
a)
To reopen the judicial investigation into the facts;
b)
To grant adequate integral reparation for material and moral damage
to the next of kin of the 15 alleged victims who were executed and the four
alleged victims who are alive;
c)
To abrogate or annul Law No. 26479 that conceded “a general amnesty
to military, police and civilian personnel for various reasons” and Law No.
26492 that “[d]efines … [the] interpretation and [the] scope of [the] amnesty
granted by Law No. 26479”; and
d)
To pay the costs and expenses incurred by the alleged victims and/or
their next of kin while litigating this case both in the domestic sphere and
before the Commission and the Court, together with reasonable fees for their
lawyers.
II
FACTS
2.
In section III of its application, the Commission described the facts that
constituted the origin of this case. It indicated that:
a)
At approximately 11.30 p.m. on November 3, 1991, six heavily-armed
individuals burst into the building located at No. 840 Jirón Huanta in the
neighborhood known as Barrios Altos in Lima. When this irruption occurred, a
“pollada” was being held, that is, a party to collect funds in order to repair the
building. The assailants arrived in two vehicles, one a jeep Cherokee and the
other a Mitsubishi. These cars had police lights and sirens, which were turned
off when they reached the place where the events took place;
b)
The individuals, who ranged from 25 to 30 years of age, covered their
faces with balaclava helmets and obliged the alleged victims to lie on the
floor.
Once they were on the floor, the assailants fired at them
indiscriminately for about two minutes, killing 15 people and seriously injuring
another four; one of the latter, Tomás Livias Ortega, is now permanently
disabled. Subsequently, and with the same speed with which they had
arrived, the assailants fled in the two vehicles, sounding their sirens once
again;
c)
The survivors stated that the detonations sounded “muffled”, which
appears to suggest that silencers were used. During the investigation, the