4
concealment of the facts, were executed by numerous State agents, with State
resources (including those derived from income tax contributors), in a command line
which involved both the perpetrators of the atrocities and the highest authorities of
the State power. Facts reveal a horrendous investment of the State purposes, and
they constitute an unequivocal State crime, with all its legal consequences (cf. infra).
3.
Acknowledgement of Aggravated Liability by the Respondent
Government itself.
14.
In this case of La Cantuta, the respondent Government itself, in a
constructive attitude in the course of the adversarial proceedings, acknowledged
international liability both before the Commission and before this Court, although not
encompassing all the facts and their legal consequences. Before the Court, it did so
both in its response to the application (chapter V) and in its written closing
arguments (chapter III). Also, as significantly recorded by the Court in this Judgment
(para. 44), in its oral and written closing arguments, the respondent Government
itself expressly acknowledged that “international crimes” had been committed. The
State expressed, in its own words that
"(...) It reiterates (...) that such acts and omissions constitute international
unlawful facts which generate international liability of the State. They constitute crimes
according to domestic law and international crimes that the State must punish. (...)"
(para. 44).
15.
What do those jusinternationalists, who keep on insisting to declare that there
can be no State crime, have to say before this manifestation of the State itself,
before the overwhelming evidence of the facts and proof in this case of La Cantuta?
How long will they remain in the shadows of their lack of conscience and sensitivity
regarding the fate of the victims of human brutality? When will they awake to the
need to contribute to the credibility of the legal profession, and stop closing their
eyes to the State criminality?
16.
In this Judgment of the case La Cantuta, the Court determined the scope of
the consequences of the State acknowledgement regarding to the legal claims
(paras. 52-54). Furthermore, it observed that it was not an isolated or single
manifestation by the State, but a significant manifestation to which others have been
added, remembered by the Court in this Judgment:
"The facts of this case have been classified by the CVR, the domestic judicial
bodies and by the State´s representative before this Court, as “international crimes” and
“crimes against humanity” (...). The extra-legal execution and forced disappearance of
the alleged victims were perpetrated in a context of generalized and systematic attack
against sectors of the civil population.
Merely pointing out (...) that the Court considers it acknowledged and proven
that the planning and execution of detention and subsequent cruel, inhumane and
degrading treatment, extra-legal execution or forced disappearance of alleged victims,
carried out in a coordinated and concealed way by members of the military forces and
the Colina Group, could not have passed unnoticed to or have occurred without the
orders of the highest ranks of the Executive Power and the then military forces and
intelligence bodies, especially the chiefs of intelligence and the President of the Republic
himself” (paras. 95-96).
17.
The Court added that, regarding the violation of the right to life –
acknowledged by the respondent Government - of the professor and the nine
students kidnapped at the University of La Cantuta, “the case facts were the result of
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