4
2.
TO RECOMMEND to Peru that it pay adequate, prompt and effective
compensation to the victims’ next of kin for the moral and material damages caused as
a consequence of the facts denounced and established by the Commission and by the
Inter-American Court of Human Rights.
3.
TO REQUEST the Government of Peru that, within 60 days of
notification of this report, it inform the Inter-American Commission on Human Rights of
any measures it has adopted in the instant case, in furtherance of the recommendations
contained in the preceding paragraph.
4.
TO TRANSMIT the present report in accordance with Article 50 of the
American Convention and to advise the Government of Peru that it is not authorized to
publish it.
5.
TO SUBMIT this case to the Inter-American Court of Human Rights
for consideration if, within a period of 60 days, the Peruvian State has not complied with
the recommendation made in paragraph 2.
8.
On July 5, 1996, the State sent the Commission a copy of a report prepared
by a task force composed of representatives of various State offices. The inference
of the report, according to the Commission, is that the State did not comply with the
Commission’s recommendations.
9.
On August 8, 1996, the Commission filed the application with the Court
(supra, para. 1).
IV
PROCEEDINGS WITH THE COURT
10.
When filing the application with the Court, the Commission invoked articles 50
and 51 of the American Convention on Human Rights (hereinafter “the Convention”
or “the American Convention”) and articles 26 et seq. of the Rules of Procedure in
force at that time.1 The Commission brought this case for the Court to determine
whether the following articles of the Convention had been violated: 1(1) (obligation
to respect rights), 2 (duty to adopt domestic legislative or other measures), 4 (right
to life), 7.6 (right to personal liberty), 8 (right to a fair trial), 25 (right to judicial
protection) and 27.2 (suspension of guarantees). The Commission petitioned the
Court to order Peru to conduct the investigations necessary to identify, prosecute
and punish those responsible for the violations committed, to report the whereabouts
of the mortal remains of Mr. Durand Ugarte and Mr. Ugarte Rivera, and to turn over
those remains to their next of kin. Finally, the Commission petitioned the Court to
order the State
to provide adequate material and moral compensation to the next of kin of Nolberto
Durand Ugarte y Gabriel Pablo Ugarte for the grave injury they suffered as a
consequence of the multiple violations of the rights upheld in the Convention [and to]
pay the costs that the victims’ next of kin and representatives have incurred both in the
proceedings with the Commission and in the proceedings in the case before the Court.
11.
The Commission named Mr. John S. Donaldson as its Delegate, Mr. Alvaro
Tirado Mejía as Alternate Delegate, and Mr. Domingo E. Acevedo as Advisor. It
named the following persons as assistants: Ronald Gamarra, Katya Salazar, José
Miguel Vivanco, Viviana Krsticevic, Ariel Dulitzky and Marcela Matamoros. On March
1.
Rules of Procedure approved by the Court at its twenty-third regular session, held January 9 to
18, 1991; amended on January 25 and July 16, 1993, and December 2, 1995.